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Labor/Employment

Dec. 21, 2023

Appellate court reins in defense MSJ abuses

In an opinion drafted by Justice Eileen Moore, the Court noted the tendency of parties responding to undisputed statements to dispute facts that should be undisputed.

William M. Crosby

Law Office of William M. Crosby

Labor & Employment

13522 Newport Ave Ste 201
Tustin , CA 92780

Phone: (714) 544-2493

Fax: (714) 544-2497

Email: wcrosby@williamcrosbylaw.com

Loyola Law School

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Even seasoned plaintiff employment lawyers find daunting and arduous the task of responding to innumerable alleged “Statements of Disputed Issues” as required by Code of Civil Procedure, § 437c(b)(1). It has been common practice for defense counsel to recite as professed undisputed “material” facts, innumerable facts that may be background and of interest, but have not even a remote bearing on the ultimate issues being decided in the MSJ motion.

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