Motions for Reconsideration: Affidavits & Declarations
a. The Affidavit
"The affidavit contained no new information about Chen, only a repetition of already presented information, and personnel information about Dr. Dennis." Id. "This information does not create any issues of material fact concerning Chen's dismissal." Id. Accordingly, the Court held that the trial court did not abuse its discretion in striking the affidavit.
b. The Declaration
"Chen also submitted a declaration, signed by some former medical colleagues at Western State [(hereinafter, "delcarants"]." Id. "The declaration stated that Chen had good communication skills and had good relationships with his colleagues and coworkers." Id. "But none of the colleagues who signed the declaration was either charged with supervising and evaluating Chen or served as a member of his team. Id. (internal citation omitted). "Thus, this declaration was also insufficient to establish that the State's reasons for dismissing Chen were either false or mere pretexts." Id. Accordingly, the Court held that the trial court did not abuse its discretion in striking the declaration.