LUIS A SOLORZANO VS COUNTY SANITATION DISTRICTS OF LA COUNTY

Tentative Rulings

Case Number: BC701419    Hearing Date: July 10, 2020    Dept: 26

IN ORDER TO IMPLEMENT PHYSICAL DISTANCING AND UNTIL FURTHER NOTICE, THE COURT STRONGLY ENCOURAGES ALL COUNSEL AND ALL PARTIES TO APPEAR REMOTELY FOR NON-TRIAL AND NON-EVIDENTIARY MATTERS, INCLUDING THIS MOTION.

In its supplemental reply, Defendant argues “[t]he Districts repeatedly requested that Plaintiff provide medical documentation of any “need for accommodation,” but he never did so. (Supp. Reply p. 6.) The court requests that Counsel for Defendant be prepared to identify citations to the record that document each occasion on which Defendant requested medical documentation of any need for accommodation. For each citation, Defense Counsel should be prepared to identify the filing date, the name of the document, and the page number.

In its supplemental reply, Defendant argues “[t]he Districts repeatedly requested medical documentation from Plaintiff regarding what limitations, if any, he had as part of his sleep apnea and “not severe” diabetes.” (Supp. Reply p. 7.) The court requests that Counsel for Defendant be prepared to identify citations to the record that document each occasion on which Defendant requested medical documentation of Plaintiff’s limitations as a result of his sleep apnea and diabetes. For each citation, Defense Counsel should be prepared to identify the filing date, the name of the document, and the page number.

The court requests that Counsel for Plaintiff be prepared to identify citations to the record that document each occasion on which Plaintiff provided medical documentation to Defendant.

The court requests that Counsel for Defendant be prepared to identify citations to the record that document each accommodation that Defendant offered to Plaintiff for his diabetes and sleep apnea. For each citation, Defense Counsel should be prepared to identify the filing date, the name of the document, and the page number.

Evidentiary Objections

Plaintiff’s Objections

Plaintiff objects to portions of the declaration of Jennifer Allan, portions of the deposition of Basil Hewitt, and Exhibit 24 to the Deposition of Luis Solorzano (Vol II). The Court rules as follows on these objections:

Objection 1to Allen Decl. ¶ 4, page 2, lines 11-12: Overruled

Objection 2 to Allen Decl. ¶ 4, page 2, lines 12-13: Overruled

Objection 3 to Hewitt Depo., at page 67, lines 9-11: Sustained as to “all” for lack of foundation. Overruled to the extent that Hewitt is referring to her own observations.

Objection 4 to Exhibit 24 to the Deposition of Luis Solorzano (Vol II): Sustained, Hearsay

Defendant’s Objections

Defendant objects to portions of the declaration of Plaintiff.  The Court rules as follows on these objections:

Objection 1 to Solorzano Decl. ¶ 4, lines 15-17: Overruled

Objection 2 to Solorzano Decl. ¶ 4, lines 18-19: Overruled

Objection 3 to Solorzano Decl. ¶ 6, lines 27-2: Overruled

Case Number: BC701419    Hearing Date: June 23, 2020    Dept: 26

Pursuant to the Court’s First Amended General Order re Mandatory Electronic Filing for Civil, filed on May 3, 2019, “[e]lectronic documents must be electronically filed in PDF, text searchable format when technologically feasible without impairment of the document’s image.” (First Amended General Order re Mandatory Electronic Filing for Civil, 5/3/19 [italics added].) Here, Defendant has filed a declaration of Adam L. Johnson in support of its motion for summary judgment and/or summary adjudication that is approximately 226 pages long and consists primarily of exhibits that are not text searchable, which has made the court’s review of this evidence very difficult. Nor has Defendant provided a courtesy copy of the declaration of Adam L. Johnson. Defendant is ordered to re-file the declaration of Adam L. Johnson and attached exhibits in text searchable format on or before 8 am on June 23, 2020.

No dispositive tentative ruling is issued at this time. The parties may appear at the hearing on June 23, 2020 at 2:00 pm to present oral arguments, or the parties may submit on the papers.

If any party wishes to submit on the papers, please email the clerk at SMCdept26@lacourt.org (and “cc” all other parties in the same email) no later than 7:30 am on the day of the hearing, and please notify all other parties in advance that you will not be appearing at the hearing. Include the words "SUBMISSION ON THE PAPERS" in all caps in the subject line and include your name, contact information, the case number, and the party you represent in the body of the email.

IF ANY PARTY CHOOSES TO APPEAR FOR THIS MOTION, THE COURT STRONGLY ENCOURAGES ALL COUNSEL AND ALL PARTIES TO APPEAR REMOTELY FOR NON-TRIAL AND NON-EVIDENTIARY MATTERS, INCLUDING THIS MOTION.