Riesgo v. Edward D. Sultan Co.
Opinion of the Court
MEMORANDUM
Robert Riesgo appeals the district court’s grant of summary judgment to his former employer, the Edward D. Sultan Company (“Sultan”), in Riesgo’s action claiming that Sultan terminated him in violation of California’s Fair Employment and Housing Act. We review de novo and affirm. See Warren v. City of Carlsbad, 58 F.3d 439, 441 (9th Cir. 1995), cert. denied, 516 U.S. 1171, 116 S.Ct. 1261, 134 L.Ed.2d 209 (1996).
The parties agree that (1) Riesgo established a prima facie case and (2) Sultan’s proffered reason for terminating him, a decline in business that necessitated a reduction in force, was non-discriminatory. See Guz v. Bechtel Nat’l, Inc., 24 Cal.4th 317, 354-57, 100 Cal.Rptr.2d 352, 8 P.3d 1089 (2000). The only disputed issue is whether Riesgo raised a genuine factual question whether, with the evidence viewed in the light most favorable to Riesgo, Sultan’s rationale was a pretext for discrimination. See Coleman v. Quaker Oats Co., 232 F.3d 1271, 1282 (9th Cir. 2000), cert. denied, 533 U.S. 950, 121 S.Ct. 2592, 150 L.Ed.2d 751 (2001); Chuang v. Univ. of Cal. Davis, Bd. of Trs., 225 F.3d 1115, 1126 (9th Cir. 2000).
Although Paul Sato’s comments
The district court’s judgment is
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
. The only comments relevant to this case are Sato’s statements: (1) that he could see why "[a]t [Riesgo's] age,” he had to “sleep in;” and (2) whether "[a]t your age, [do] you want to continue to carry samples and things like that?” Riesgo does not recall when the first statement occurred. The second comment was made four days after Riesgo was robbed of his jewelry samples, three months before he was terminated, and six weeks before Sultan began considering laying him off.
Reference
- Full Case Name
- Robert RIESGO, Plaintiff—Appellant v. EDWARD D. SULTAN COMPANY, LTD, dba The Sultan Company, a Hawaii Corporation Paul Sato, an individual, Defendants—Appellees
- Cited By
- 1 case
- Status
- Published