17-CIV-04313 ALBERTO GAUDIEL VS. GENENTECH, INC., ET AL.

ALBERTO GAUDIEL GENENTECH, INC.
PRO/PER JENNIFER MARIE HOLLY

GENENTECH’S MOTION FOR SUMMARY OF JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION OF ISSUES TENTATIVE RULING:

Defendant GENENTECH, INC.’s unopposed Motion for Summary Judgment or, in the Alternative, Summary Adjudication is GRANTED. Summary judgment “shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Code Civ. Proc. § 437c(c).

Here, Defendant has successfully demonstrated that one or more elements of each of Plaintiff’s causes of action for (1) discrimination; (2) tortious termination in violation of public policy; (3) violation of Gov. Code § 12940(i); and (4) retaliation cannot be established. Plaintiff, by failing to file any Opposition, has not met his burden of showing the existence of a triable issue of material fact. Accordingly, summary judgment in Defendant’s favor is GRANTED.

If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Defendant shall prepare a written order consistent with the Court’s ruling for the Court’s signature, pursuant to California Rules of Court, Rule 3.1312, and provide written notice of the ruling to all parties who have appeared in the action, as required by law and the California Rules of Court.