61 Fair empl.prac.cas. (Bna) 1505, 62 Empl. Prac. Dec. P 42,511 William L. Nesbit v. Pepsico, Inc., Charles A. Selby v. Pepsico, Inc.

This appeal is from the district court’s grant of summary judgment in favor of defendant/appellee Pepsico in two age discrimination cases under the California Fair Employment and Housing Act. See Cal. Gov’t Code §§ 12900 et seq. Both plaintiffs/appellants William Nesbit and Charles Selby claim that the district court erred by (1) determining that they had not presented a prima facie case of discrimination and (2) refusing to admit certain evidence probative of discrimination. We affirm.

Nesbit and Selby were both employed by New Century Beverage when Pepsico acquired New Century in January, 1987. Nes-bit was a chain account manager; Selby was an assistant operations manager. -Nesbit was forty-nine years old at the time of termination; Selby was fifty-nine years old. After the acquisition, Pepsico instituted a reduction in work force as part of a reorganization for economic reasons. Over a period of a year and a half, Pepsico reduced the work force of former New Century salaried employees from 262 to 236.

Nesbit and Selby filed separate actions in the Santa Clara Superior Court alleging age discrimination in violation of the California Act. Pepsico removed each action to the…