Martinez

ORDER

Defendants Marin Sanitary Service (MSS) and Joseph Garbarino Sr (Garbari-no Sr) move the court for summary adjudication of plaintiff Francisco Martinez’ (Martinez) sole federal claim and to decline supplemental jurisdiction over and dismiss Martinez’ remaining state claims. Doc #42. In opposition to the motion, Martinez relies heavily upon his declaration dated January 14, 2004, and to a lesser extent on his February 15, 2002, deposition testimony. Although the facts recited in Martinez’ declaration and in his deposition testimony are consistent on some matters, the facts recited in the declaration and those in the deposition testimony are materially different in a number of respects. Relying on these inconsistencies, defendants invoke the sham affidavit rule and certain other evidentiary rules to narrow the grounds upon which Martinez can rely to create a triable issue of fact and defeat summary judgment. Despite such narrowing, Martinez’ facts are nevertheless sufficient to survive defendants’ motion for summary judgment on all but one of his claims.

I

The facts as presented by Martinez include substantial inconsistencies. In opposition to the motion for summary…