Mack
Mack v. City of Guadalupe CA2/6
Opinion
Opinion
Cody, J.
DISCUSSION
We conclude appellant did not suffer an adverse employment action as a matter of law. Thus, summary adjudication was proper as to his discrimination and retaliation claims. (Zamora v. Security Industry Specialists, Inc. (2021) 71 Cal.App.5th 1, 38 (Zamora) [“We may affirm summary adjudication on any correct legal theory, as long as the parties
1 We grant respondents’ unopposed request for judicial
notice of the trial court’s tentative ruling and order granting summary judgment and adjudication. (Evid. Code, § 459.)
3 had an adequate opportunity to address that theory in the trial court.”].) “A motion for summary adjudication shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty. (Code Civ. Proc., § 437c, subd. (f)(1).) Summary adjudication motions are “procedurally identical” to summary judgment motions. (Dunn v. County of Santa Barbara (2006) 135 Cal.App.4th 1281, 1290.) “[A] motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” (Code…