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Pantoja v. So Cal Value Added

United States District Court, C.D. California

February 14, 2014

SALOMON PANTOJA, Plaintiff,
v.
SO CAL VALUE ADDED AND DOES 1-10, INCLUSIVE, Defendants.

Diana M. Estrada (State Bar No. 212702), Spencer Davidson (State Bar No. 281169), WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP, Los Angeles, California, Attorneys for Defendant, SO-CAL VALUE ADDED.

STATEMENT OF UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW

MANUEL L. REAL, District Judge.

After consideration of the papers in support of and in opposition to defendant So-Cal value added's motion for summary judgment or alternatively, partial summary judgment, all papers filed in connection with the motion, and all other matters presented to the Court, the Court makes the following findings of uncontroverted facts and conclusions of law:

UNCONTROVERTED FACTS

1. The operative Complaint contains three causes of action: (1) disability discrimination, [Complaint, page 3, lines 14-26]; (2) age discrimination, [Complaint, page 4, lines 1-13]; and (3) retaliation, [Complaint, page 3, lines 16-28 and page 4, lines 1-2].

2. On October 22, 2013, So-Cal value added served Requests for Admission upon the plaintiff, [Declaration of Diana M. Estrada (hereinafter "decl. of Estrada"), page 2, paragraph 2, and Exhibit "A, " Requests for Admission, attached thereto.]

3. Plaintiff failed to respond to the Requests for Admission [decl. of Estrada, page 2, paragraph 3.].

4. There is no evidence to support plaintiff's first cause of action for disability discrimination [RFA No. 1 attached as Ex. A to decl. of Estrada];

5. There are no witnesses to support plaintiff's first cause of action for disability discrimination [RFA No. 2 attached as Ex. A to decl. of Estrada];

6. There are no documents to support plaintiff's first cause of action for disability discrimination [RFA No. 3 attached as Ex. A to decl. of Estrada];

7. There is no evidence to support plaintiff's second cause of action for age discrimination [RFA No. 5 attached as Ex. A to decl. of Estrada];

8. There are no witnesses to support plaintiff's second cause of action for age discrimination [RFA No. 6 attached as Ex. A to decl. of Estrada];

9. There are no documents to support plaintiff's second cause of action for age discrimination [RFA No. 7 attached as Ex. A to decl. of Estrada];

10. There is no evidence supporting plaintiff's third cause of action for Case 2:13-cv-02723-R-RZ Document 17 Filed 02/14/14 Page 3 of 5 Page ID #:98 retaliation [RFA ...


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