Collins
Collins v. Hertz Corp.
Opinion
Opinion
Boland, J.
SUMMARY
Two employees sued their employer and numerous individual employees and supervisors for workplace harassment and retaliation, violation of the Family Rights Act, and race, age and disability discrimination in violation of the Fair Employment and Housing Act (FEHA), Government Code section 12940 et seq., and public policy. Defendants moved for summary judgment. In opposition to the motion, plaintiffs submitted voluminous papers which failed to comply with the requirements of Code of Civil Procedure section 437c (section 437c), or California Rules of Court, rule 342 (rule 342). The trial court afforded plaintiffs an opportunity to cure the defects and resubmit opposition papers which complied with applicable rules. Plaintiffs filed new papers, which also failed to meet the procedural requirements governing motions for summary judgment. The trial court struck the offending portions of plaintiffs’ separate statement, as well as portions of their responsive declarations. As a result, the majority of defendants’ facts were effectively left undisputed and, on that basis, summary judgment was granted. Plaintiffs appeal. We affirm.