Hersant

Plaintiff and appellant Tom Hersant brought an action for age discrimination against his employer, defendant and respondent California Department of Social Services, and his supervisor, defendant and respondent Margaret Davis (jointly Department). Department sought, and the trial court granted, a motion for summary judgment finding no triable material issues of fact. Hersant appeals, arguing the trial court erred in so finding.

Background

A. Complaint

On May 3, 1995, Hersant filed a form complaint against Department and his immediate supervisor, Davis, alleging he was demoted on the basis of his age in violation of the California Fair Employment and Housing Act. In an attachment to the complaint, Hersant alleged he was 52 years of age, had worked for the State of California since 1964 and had always received good work evaluations. He alleged he was demoted on June 28, 1994, one level from his staff service manager II position and was removed as the manager of Department’s Carlsbad regional child day-care licensing and monitoring office.

B. Motion for Summary Judgment

After answering the complaint, Department filed a motion for summary judgment. It argued the basis…