2015-00178512-CU-OE

James Tadewald vs. The State Of California-CalPERS

Nature of Proceeding: Motion for Summary Judgment and/or Adjudication

Filed By: Koenigsberg, Marc B.

The motion of Defendants the State of California – CalPERS and Larry Jensen (collectively “Defendants”) for summary judgment is UNOPPOSED and GRANTED.

This is an employment case. Pro per Plaintiff James Tadewald (Tadewald) alleges one or both Defendants are liable under the FEHA. In the operative second amended complaint (SAC), Tadewald has pleaded causes of action for age discrimination, harassment based on age, retaliation based on age, and failure to prevent harassment, discrimination and retaliation. Defendants move for summary adjudication of each cause of action and, therefore, for summary judgment.

On 9/07/17, this court granted CalPERS’ motion for an order deeming admitted its first set of requests for admission. As a result, Tadewald has made adverse admissions in relation to essential elements of each of his causes of action. (See Evid., Exh. C.)

These admissions demonstrate the nonexistence of any triable issue of material fact and shift the burden to Tadewald to produce evidence demonstrating the existence of a triable issue.

Tadewald has not produced any evidence and has not otherwise opposed the motion.

As a result, Defendants are entitled to judgment as a matter of law.

Disposition

Summary judgment is granted.

Lawzilla Additional Information:
This page has been locked by Lawzilla and is not subject to the “Own the Page” policy.