Gregorio Tejeda v. Con-Agra Foods, Inc.

MEMORANDUM

Plaintiff/appellant Gregorio Tejeda (“Tejeda”) appeals from the District Court’s grant of summary judgment in favor of defendant/appellee ConAgra Foods, Inc. (“ConAgra”).

To the extent Tejeda intended or desires to litigate an interactive process claim under California Government Code section 12940(n), that claim is waived because Tejeda did not raise such a claim in the Complaint or a timely response to ConA-gra’s summary judgment motion. See Singleton v. Wulff, 428 U.S. 106, 120 , 96 S.Ct. 2868 , 49 L.Ed.2d 826 (1976); Coleman v. Quaker Oats Co., 232 F.3d 1271, 1288 (9th Cir.2000). Moreover, Tejeda has not appealed from, and thus has waived any argument with respect to, the District Court’s ruling on his Rule 60(b) motion. See James River Ins. Co. v. Hebert Schenk, P.C., 523 F.3d 915 , 920 n. 1 (9th Cir.2008).

With respect to his disability discrimination claim pursuant to California Government Code section 12940(a), Tejeda bore the burden of demonstrating a prima facie case of discrimination in response to ConAgra’s summary judgment motion. See Guz v. Bechtel Nat’l, Inc., 24 Cal.4th 317, 353-54 , 100 Cal.Rptr.2d 352 , 8 P.3d 1089 (2000); see also Bradley v.…