Eva Keiser v. Lake County Superior Court

MEMORANDUM

Eva M. Reiser appeals pro se from the district court’s judgment dismissing her 42 U.S.C. § 1983 action alleging wrongful termination of her employment with the Lake County Superior Court in violation of state and federal law. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s dismissal of an action for failure to state a claim, Cholla Ready Mix, Inc. v. Civish, 382 F.3d 969, 973 (9th Cir.2004), and grant of summary judgment, Davis v. Yageo Corp., 481 F.3d 661, 673 (9th Cir.2007). We review for abuse of discretion the district court’s dismissal for failure to prosecute. Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir.1992). We affirm.

The district court properly dismissed Reiser’s intentional misrepresentation claim because defendants enjoyed governmental immunity for exercising their discretion regarding personnel decisions. See Cal. Gov.Code § 820.2 (“[A] public employee is not liable for an injury resulting from his act or omission where the act or omission was the result of the exercise of the discretion vested in him, whether or not such discretion be abused.”); Cal. Gov. Code § 815.2 (b) (“[A] public entity is not liable for an…