No Separate Statement Results In Summary Judgment Granted.

In a wrongful termination case, the employer brought a motion for summary judgment containing evidence it had a legitimate business reason for terminating plaintiff’s employment. The evidence was that the employer discovered plaintiff, whose job “involved responding promptly to union members and diligently representing them,” had resigned from the state bar with charges pending after he “had been disciplined prior to his resignation from the bar and his wrongdoing involved failing to respond to client inquiries and failing to perform legal services competently.” In opposing the motion, plaintiff did not file a separate statement of additional material facts in an attempt to show that a triable issue of fact existed regarding the reasons for his termination, although his memorandum of points and authorities included facts and citations to supporting evidence. The trial court denied plaintiff’s request for a continuance. The trial court determined plaintiff’s opposition failed to include a separate statement of disputed and undisputed facts that conformed to the requirements of CCP §437c (b)(3) and CRC 3.1350 and granted defendant’s motion. The Court of Appeal affirmed.  Batarse v. Service Employees Internat. Union, Local 1000  (Cal. App. Fifth Dist.;  September 27, 2012)  209 Cal.App.4th 820.