Abernathy v. Duncan Enterprises CA5
Appellant Anita Abernathy appeals following the trial court’s grant of summary judgment to respondent Duncan Enterprises (Duncan). Raised in various ways over 11 causes of action, Abernathy alleged in her complaint that she was wrongfully reassigned and terminated from her employment due to discrimination over her age and gender and in retaliation for reporting sexist behavior by a coworker. The trial court rejected these assertions, concluding Duncan had submitted sufficient evidence of a legitimate business reason for its actions, uncontradicted by evidence of pretext, to warrant summary judgment. In this appeal, Abernathy contends the trial court erred in this determination. Relatedly, Abernathy contends the trial court wrongly excluded certain declaratory evidence from consideration on summary judgment and abused its discretion when it heard Duncan’s motion less than 30 days before the scheduled trial. For the reasons set forth below, we affirm.
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