Reeves

Plaintiff David B. Reeves, age 56, applied for a position as a staff attorney with defendant MV Transportation, Inc. He was not one of the people chosen to be interviewed, and the job was given to someone 40 years old. He sued defendant for age discrimination, and the court granted defendant’s motion for summary judgment. Plaintiff contends that there are triable issues arising from his superior qualifications for the position, defendant’s inconsistent explanations for not hiring him, and defendant’s spoliation of evidence. We disagree and affirm the judgment for defendant.

I. BACKGROUND

Defendant’s general counsel and chief legal officer John Biard posted a notice on the Association of Corporate Counsel Web site in January 2005 of a staff attorney opening with defendant. The notice read: “National public transportation company, with its corporate offices in Fairfield, California seeks an experienced attorney in traditional labor law and employment litigation to report to the General Counsel/Chief Legal Officer, [f] We offer an excellent opportunity to join a growing Legal Department and to work with Operations!] and Human Resources as a productive member of the…