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The UC Regents terminated engineer Jaroslaw Waszczuk after multiple instances of racist, threatening, and insubordinate behavior that created a hostile work environment for coworkers and violated numerous institutional policies. In this wrongful termination action, Waszczuk (representing himself) alleged harassment, discrimination, retaliation, and breach of a settlement agreement entered into after he grieved his first suspension for misconduct.  The trial court granted summary judgment for The Regents, finding that undisputed facts showed Waszczuk could not establish one or more elements of each of his claims. Waszczuk appealed and The Regents retained Horvitz & Levy to defend the judgment in their favor.

The Court of Appeal affirmed, holding that Waszczuk waived most issues for failure to file a responsive separate statement in the trial court and lack of proper argument or record citation on appeal. The court rejected Waszczuk’s arguments that he was denied sufficient time to file an opposition to the motion for summary judgment or to argue his opposition at the hearing.