U n i t e d S t a t e s D i s t r i c t C o u r t
F o r t h e N o r t h e r n D i s t r i c t o f C a l i f o r n i a
123456789101112131415161718192021222324252627283California Government Code section 12900j; (9) sex discrimination in violation of FEHA; (10)discrimination based on race or sex in violation of the California Constitution, Article I, Section8.Plaintiff also alleges causes of action against the Union Defendants. In the process of opposing the motion for summary judgment filed by the Union Defendants, Plaintiff abandonedall but two of those remaining causes of action: (1) claim twelve for sex discrimination againstthe individual Union defendants in violation of provisions of Title VII, 42 U.S.C. section2000e-2(a); and (2) claim eighteen for sexual harassment against the Union Defendants inviolation of California Government Code section 12940j.The Court shall address additional facts in the remainder of its order
ANALYSISA. Standards Applicable to Motions for Summary Judgment.
A principal purpose of the summary judgment procedure is to identify and dispose of factually unsupported claims.
Celotex Corp. v. Cattrett
, 477 U.S. 317, 323-24 (1986).Summary judgment is proper when the “pleadings, depositions, answers to interrogatories, andadmissions on file, together with the affidavits, if any, show that there is no genuine issue as toany material fact and that the moving party is entitled to judgment as a matter of law.” Fed. R.Civ. P. 56(c). “In considering a motion for summary judgment, the court may not weigh theevidence or make credibility determinations, and is required to draw all inferences in a lightmost favorable to the non-moving party.”
Freeman v. Arpaio
, 125 F.3d 732, 735 (9th Cir.1997).The party moving for summary judgment bears the initial burden of identifying thoseportions of the pleadings, discovery, and affidavits that demonstrate the absence of a genuineissue of material fact.
, 477 U.S.
at 323. An issue of fact is “genuine” only if there issufficient evidence for a reasonable fact finder to find for the non-moving party.
Anderson v. Liberty Lobby, Inc.
, 477 U.S. 242, 248-49 (1986). A fact is “material” if it may affect theoutcome of the case.
at 248. If the party moving for summary judgment does not have theultimate burden of persuasion at trial, that party must produce evidence which either negates an
Case3:09-cv-05063-JSW Document64 Filed05/13/11 Page3 of 14