Plaintiff thus had in his possession by August 17 a copy of the court's order, at which point he would again be charged with knowledge of the reasons for dismissal. Plaintiff does not dispute the facts supporting these findings, but argues that these facts and others have different legal significance. The court does not agree. Plaintiff has failed to create a triable issue of fact of any act occurring within one year prior to his filing suit. Plaintiff's expert declaration was both late and inadequate, which was pointed out to him by letter dated November 7, 2000.
Trial is imminent.
On balance and in the exercise of discretion, the court finds that the factors do not weigh in favor of plaintiff. Sanctions are denied as the motion was made and opposed with substantial justification. This minute order is effective immediately. No formal order pursuant to Rule of Court 391 or other notice is required, the tentative ruling providing sufficient notice. Defendants established through admissible evidence that they never received service of notice of entry of the Kern County court's order reinstating plaintiff to rank 5 on the promotional list.