Anderson v. Berz
Plaintiff and appellant James Anderson (Anderson) sued defendants and respondents Chaffey Community College District (Chaffey) and certain officers and employees of Chaffey (collectively, defendants) alleging causes of action based upon employment discrimination and retaliation. Defendants moved for summary judgment. Anderson filed an unfinished memorandum of points and authorities and an incomplete separate statement, then applied to the trial court ex parte for additional time to obtain and file additional declarations and a complete memorandum of points and authorities. After the trial court denied the request, Anderson petitioned this court for a writ of mandate to compel the trial court to grant an extension of time to allow Anderson to complete [his] opposition to the defendants motion for summary judgment. We issued a peremptory writ directing the trial court to permit Anderson to file the additional declarations and to reference the additional declarations in [his] opposing papers. In response to the writ, the trial court allowed Anderson to file additional declarations, but denied his request to file additional opposition papers. Thereafter, Anderson filed nine new declarations. Following a hearing, the court granted the defendants motion for summary judgment. After the entry of judgment in defendants favor, Anderson appealed.



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