Su
Su v. Capital Mailing Services CA3
Opinion
Opinion
facts contended by the moving party to be undisputed, indicating if the opposing party agrees or disagrees that those facts are undisputed. . . . Each material fact contended by the opposing party to be disputed shall be followed by a reference to the supporting evidence. Failure to comply with this requirement of a separate statement may constitute a sufficient ground, in the court’s discretion, for granting the motion”]; Cal. Rules of Court, rule 3.1350(f)(2), (h) [setting forth the format and content requirements of a separate statement filed in opposition to a motion for summary judgment, including an unequivocal statement as to whether a fact is disputed or undisputed, and for each disputed fact, a statement identifying the nature of the dispute and a description of the evidence that supports the position that the fact is controverted].) Here, at various points in their separate statement in opposition to the motion for summary judgment, defendants assert evidentiary objections without indicating whether the material fact claimed to be undisputed by the Labor Commissioner was in fact disputed or undisputed, and without providing a description of the evidence that demonstrated…