Ortiz

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

Defendant City of Orange Cove (“Defendant” or the “City”) filed the instant motion for summary judgment, or summary adjudication in the alternative, on November 13, 2009. The matter was heard on January 15, 2010, before the Honorable Dennis L. Beck, United States Magistrate Judge. H. Ty Kharazi appeared on behalf of Plaintiff Odilon Ortiz (“Plaintiff’). James McBrearty appeared on behalf of Defendant.

BACKGROUND

Plaintiff filed this wrongful termination action against Defendants Victor Lopez and the City of Orange Cove on January 25, 2008, in the Fresno County Superior Court. Defendants removed the action to this Court on March 12, 2008, on the basis of this Court’s federal question jurisdiction.

On March 6, 2009, the Court granted the parties’ stipulation to dismiss Victor Lopez with prejudice.

Defendant filed the instant motion for summary judgment, or summary adjudication in the alternative, on November 13, 2009. Plaintiff opposed the motion on December 31, 2009, and Defendant filed a reply on January 11, 2010.

FACTUAL ALLEGATIONS IN THE COMPLAINT

In his verified complaint, Plaintiff alleges that he was hired by…