Addy

Addy v. Bliss & Glennon

Caution
1996 Cal. App. LEXIS 311·44 Cal. App. 4th 205·51 Cal. Rptr. 2d 642·96 Daily Journal DAR 3981·70 Fair Empl. Prac. Cas. (BNA) 965
Court of Appeal of CaliforniaApril 8, 1996H013602California4,337 words

Opinion

Opinion

Cottle, J.

lula Addy appeals the summary judgment entered in favor of her former employer, Bliss & Glennon (B&G), in this employment discrimination action. Her primary contention on appeal is that the trial court applied the incorrect standard in granting summary judgment. She contends that B&G was required to “negate each of the theories of liability contained in the complaint” (capitalization omitted) before it would have been entitled to summary judgment. B&G, in contrast, argues that it “may show a cause of action has no merit [merely] by pointing out to the court the absence of essential evidence to support some element of plaintiff’s case.” Although we agree with Addy that a moving defendant may not shift the burden to the plaintiff to put on a prima facie case simply by pointing out to the court the absence of essential evidence to support plaintiff’s case, and that a defendant must make an affirmative showing in support of his or her motion, we conclude that B&G has made a sufficient showing here to entitle it to summary judgment. Accordingly, we shall affirm the judgment.

Facts

Addy, an Asian, received an A.A. degree in computer-aided office management from Condie Junior…

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