CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ – Motions
Single Topic for Decision 2392C
Full Decision Text (click on the link to view): Full Text
1104.02000 – Motions
PERB does not generally follow the summary judgment procedure utilized in California state courts. When facts are not in dispute, as they were not in this case, a matter may be deemed submitted on the record based on stipulated facts, briefs and responsive arguments. (PERB Reg. 32207.) Even if this matter were treated as a motion for summary judgment, a moving party bears the burden of proving that no disputed issue of fact exists and that it is entitled to judgment as a matter of law.