Muzquiz v. City of Emeryville

Opinion

McGUINESS, P. J.

This is an appeal from a judgment in favor of respondent City of Emeryville (the City) following a court trial on a complaint alleging employment discrimination on the basis of age under Government Code section 12900 et seq. Appellant Frances Muzquiz contends the trial court committed prejudicial error, both by adopting an erroneous burden of proof and by considering inadmissible evidence at trial. We conclude it is the parties themselves who have confused the standards of proof applicable to review of a motion for summary judgment on an employment discrimination claim…