Law _ Motion[1]

i ______________ LAW AND MOTION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LAW AND MOTION 1. General Requirements a) Must include fee and proof of service b) Setting hearing date and department 1) Check with Department first! 2. Normal notice period: Moving papers must be filed and served 21 calendar days before hearing date if served personally (23 days if served by fax/overnight service, 26 days if mail served to a location within California; 31 days if mail served to a location outside of California); Opposition papers must be filed and served no later than 10 calendar days before hearing date; Reply papers must be filed and served no later than 5 calendar days before hearing date. [CCP § 1005] *NOTE: Opposition and reply papers must be served in a manner to ensure they are received no later than the close of the first business day after the document is filed. 2. Exhibits must be separated by tabs and declarations must have name tabs [CRC, Rule 311(e)]. 3. Non-California authorities (and California authorities not yet reported in Official Advance sheets) must be copied and provided to the Court [CRC, Rule 313(f)]. 4. In all cases, face page of motion must include date, time, and department for hearing, the date the case was filed and the trial date (if set) [CRC, Rule 311(b)]. 5. Moving papers are filed in Clerk’s office and opposing/reply papers filed directly in Department [L.R. 9.0(a)]. ii ______________ LAW AND MOTION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. Non-summary judgment motions: Moving and opposition papers cannot exceed 15 pages. Summary Judgment motions: Moving and opposition papers cannot exceed 20 pages. ALL reply briefs are limited to 10 pages [CRC, Rule 313(d)]. 7. If memorandum of points and authorities is 10 pages or more, table of contents and table of authorities are required. If memorandum of points and authorities is 15 pages or more, a summary of argument is also required [CRC, Rule 313(d)]. 8. When practicable, all supporting documents (i.e., memorandum of points and authorities, declarations etc) should be attached to the notice of motion [CRC, Rule 313(g)]. 9. Clerk’s office CANNOT reject a document for filing because it is untimely [CRC, Rule 317(d)]. 10. Telephonic Hearings a. Permitted at any hearing where no live witness will be testifying [CRC, Rule 298(b)]. b. Exceptions 1) Settlement conferences and case management conferences unless leave is granted [CRC, Rule 298(c)(1) and (2)]; 2) Any hearing that the Court believes would be materially assisted by counsel’s personal appearance [CRC, Rule 298(c)(3)]. c. Notice 1) Place phrase “Telephone Appearance” below title of moving or opposition papers OR give written or oral notice to the Court and all other parties of intent to appear telephonically at least 5 court days before scheduled hearing [CRC, Rule 298(d)(1)]. iii ______________ LAW AND MOTION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2) If party then decides to personally appear, must notify Court and all other parties at least 2 court days before scheduled hearing [CRC, Rule 298(d)(2)]. 3) If Court compels counsel to personally appear, must notify all parties at least 1 court day before the scheduled hearing [CRC, Rule 298(e)]. 11. Summary Judgment Motions [CCP § 437c; CRC, Rule 342]. a) Moving papers must be filed and served no later than 75 calendar days before hearing date if personally served (80 days if mail served to a location within California; 85 days if mail served to a location outside of California); Opposition papers must be filed and served 14 calendar days before hearing date; Reply papers must be filed and served 5 calendar days before hearing date. b) Motion cannot be filed any sooner than 60 days after the general appearance of the party against whom the motion is directed and must be heard at least 30 days before trial date. c) No summary adjudication of issues available/Must be directed to entire cause of action, one or more affirmative defenses, to negate punitive damages claim or to establish/negate presence of duty between parties. d) Relevant portion of any testimony in deposition shall be marked in manner that calls attention to the testimony [CRC, Rule 316(c)]. e) Must submit a separate statement of undisputed facts [CRC, Rule 342 (d) and (h)]. f) Within 3 days of a request by any party that has appeared in the action, a party must provide an electronic version of its separate statement of undisputed/disputed facts [CRC, Rule 342(i)]. 1 ______________ LAW AND MOTION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STEIN & ASSOCIATES Michael D. Stein (SBN 132540) 5235 West Allen Street Suite 200 Los Angeles, CA 90067 Tel: (213) 555-0994 Fax: (213) 555-0995 Attorneys for Defendant B-2 VIDEO INCORPORATED SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES SCOTT ALAN WOODWARD, Plaintiff, vs. B-2 VIDEO INCORPORATED, a California corporation; and DOES 1 through 20 inclusive, Defendants. ) ) ) ) )))))) ))) )) ) ) ) ) )) ) ) ) Case No.: ASSIGNED FOR ALL PURPOSES TO JUDGE JOHN SMITH Department 27 DEFENDANT B-2 VIDEO INCORPORATED’S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION OF ISSUES; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; DECLARATIONS OF PAUL R. ALLEN AND MICHAEL D. STEIN DATE: July 19, 2004 TIME: 9:00 a.m. DEPT: 27 COMPLAINT FILED: January 9, 2004 TRIAL DATE: November 1, 2004 ) 2 ______________ LAW AND MOTION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TO PLAINTIFF AND HIS ATTORNEYS OF RECORD: PLEASE TAKE NOTICE THAT on July 19, 2004, at 9:00 a.m., or as soon thereafter as counsel may be heard, in Department 27 of the above-captioned Court, located at 111 North Hill Street, Los Angeles, California 90012, defendant B-2 Video Incorporated (“Defendant”) will, and hereby does move, the Court for an order granting summary judgment or, in the alternative, summary adjudication of issues, in its favor and dismissing with prejudice plaintiff Scott Alan Woodward’s (“Plaintiff”) complaint and each cause of action alleged therein pursuant to Section 437c of the Code of Civil Procedure. This Motion is based on the ground that there are no triable issues of material fact with respect to Plaintiff’s claims and that Defendant is entitled to judgment as a matter of law. This Motion is made on the following grounds: ISSUE ONE: Plaintiff’s age and gender discrimination claims pursuant to the Fair Employment and Housing Act and public policy fail as a matter of law because Plaintiff cannot establish a prima facie case and even if he could, Defendant had a legitimate business reason for terminating Plaintiff’s employment, and Plaintiff has no evidence of pretext. [See Defendant’s Separate Statement of Undisputed Facts, Facts 1-10]. ISSUE TWO: Plaintiff’s claims for breach of implied contract and breach of the implied covenant of good faith and fair dealing fail as a matter of law because Plaintiff’s employment was 3 ______________ LAW AND MOTION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 terminable at will and, in any event, there was good cause to terminate Plaintiff’s employment. [See Defendant’s Separate Statement of Undisputed Facts, Facts 11-20]. In the alternative, if summary judgment is not granted on all causes of action asserted by Plaintiff, Defendant hereby moves the Court for an order granting summary adjudication in its favor regarding the following specific causes of action: 1. Plaintiff’s first cause of action for age discrimination; 2. Plaintiff’s second cause of action for gender discrimination; 3. Plaintiff’s third cause of action for breach of implied contract/breach of the implied covenant of good faith and fair dealing. This Motion is based on this Notice, the accompanying Memorandum of Points and Authorities, the accompanying Declarations of Paul R. Allen and Michael D. Stein, the Separate Statement of Undisputed Facts filed concurrently herewith, all pleadings and documents on file, and upon such evidence and ///////////////4 ______________ LAW AND MOTION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 arguments as may properly come before the Court at the time of the hearing on the Motion. DATED: March 31, 2004 STEIN & ASSOCIATES By: _________________________________ Michael D. Stein Attorneys for Defendant B-2 VIDEO INCORPORATED 5 ______________ LAW AND MOTION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TABLE OF CONTENTS Page I. INTRODUCTION . . . . . . . . . . . . . . . . . . .1 II. STATEMENT OF FACTS . . . . . . . . . . . . . . . .3 III. B-2 IS ENTITLED TO SUMMARY JUDGMENT ON PLAINTIFF’S CLAIMS FOR AGE AND GENDER DISCRIMINATION . . . . . . . . . . . . . . . . .7 IV. B-2 IS ENTITLED TO SUMMARY JUDGMENT ON PLAINTIFF’S THIRD CAUSE OF ACTION FOR BREACH OF THE IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING . . . . . . . . . . . . . . . . . . .11 V. CONCLUSION. . . . . . . . . . . . . . . . . . . . 15 6 ______________ LAW AND MOTION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TABLE OF AUTHORITIES CASES Page(s) Blau v. Del Monte Corp. (9th Cir. 1984) 748 F.2d 1348. . . . . . . . . . . . 10 Burton v. Security Pacific National Bank (1988) 197 Cal.App.3d 972 . . . . . . . . . . . . . .15 Lafferty v. Solar Turbines (9th Cir. 1982) 666 F.2d 408. . . . . . . . . . . . . 9 Stansfield v. Starkey (1990) 220 Cal.App.3d 59. . . . . . . . . . . . . . 13 7 ______________ LAW AND MOTION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MEMORANDUM OF POINTS AND AUTHORITIES I. INTRODUCTION [ADD INTRODUCTION HERE] II. SUMMARY OF MATERIAL FACTS [ADD SUMMARY OF MATERIAL FACTS HERE] III. LEGAL DISCUSSION [ADD LEGAL DISCUSSION HERE] IV. CONCLUSION For all of the foregoing reasons, defendant B-2 Video Incorporated respectfully requests that its Motion for Summary Judgment be granted. DATED: March 31, 2004 STEIN & ASSOCIATES By: _________________________________ Michael D. Stein Attorneys for Defendant B-2 VIDEO INCORPORATED 8 ______________ LAW AND MOTION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE STATE OF CALIFORNIA ) ) ss: COUNTY OF LOS ANGELES ) I am employed in the County of Los Angeles, State of California. I am over the age of 18 years and am not a party to the within action. My business address is 5235 West Allen Street Suite 200, Los Angeles, CA 90067. On March 31, 2004, I served the foregoing documents described as DEFENDANT B-2 VIDEO INCORPORATED’S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION OF ISSUES; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; DECLARATIONS OF PAUL R. ALLEN AND MICHAEL D. STEIN on the interested parties in this action by placing a true copy thereof enclosed in a sealed envelope addressed as follows: Peter Crawford, Esq. 27255 Van Buren Road Torrance, California 93627 ___ BY MAIL I deposited such envelope into the Firm’s office mail at Los Angeles, California. I am readily familiar with the Firm’s practice of collection and processing correspondence for mailing. Under that practice, in the ordinary course of business, the mail is affixed with postage thereon fully prepaid and deposited with the U.S. Postal Service in Los Angeles, California on the same day. I am aware that on motion of a party served, service is presumed invalid if the postal cancellation date or the postage meter date is more than one (1) day after the date of deposit for mailing in this affidavit. ___ BY PERSONAL SERVICE I hand delivered such envelope to the offices of the addressee(s) listed above. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed March 31, 2004 at Los Angeles, California. _____________________________ Harriet Evans