Batarse v. SEIU
This is an appeal from a judgment entered after the trial court granted the motion for summary judgment filed by defendant, Service Employees International Union Local 1000 (SEIU). The trial court determined plaintiff’s opposition to the motion failed to include a separate statement of disputed and undisputed facts that conformed to the requirements of Code of Civil Procedure section 437c, subdivision (b)(3),[1] and rule 3.1350 of the California Rules of Court;[2] it exercised its discretion under section 437c, subdivision (b)(3) to grant the motion on that basis. Plaintiff contends the trial court abused its discretion by failing to grant a continuance in order to permit him to file a proper separate statement. We conclude the trial court did not abuse its discretion by denying the motion. Further, plaintiff has not established any prejudice arising from the denial of an opportunity to correct the defective separate statement. The facts outlined and the evidence cited by plaintiff in his opposition, even if presented in a proper separate statement, did not raise a triable issue of material fact sufficient to defeat SEIU’s motion. Accordingly, we affirm.
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