Ray Batarse, a one time attorney who resigned from the California State Bar in 2006 with disciplinary charges pending, did not fair well representing himself with respect to his employment discrimination claim. In Batarse v. Service Employees International Union Local 1000, he alleged causes of action for racial and gender discrimination, retaliation, negligent supervision and retention, and wrongful termination in violation of public policy against his previous employer.
The trial court ruled against Batarse on the employer’s motion for summary judgment. The court found that Batarse’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), and rule 3.1350 of the California Rules of Court. The court then exercised its discretion under section 437c, subdivision (b)(3) to grant the motion on that basis – i.e., for Batarse’s failure to file a proper separate statement. Continue reading