Rick Espindola v. Wismettac Asian Foods, Inc.

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUN 24 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

RICK ESPINDOLA, No. 21-55534

Plaintiff-Appellant, D.C. No. 2:20-cv-03702-JWH-E v.

WISMETTAC ASIAN FOODS, INC., MEMORANDUM*

Defendant-Appellee.

Appeal from the United States District Court for the Central District of California John W. Holcomb, District Judge, Presiding

Argued and Submitted May 10, 2022 Pasadena, California

Before: WATFORD and FRIEDLAND, Circuit Judges, and ROBRENO,** District Judge. Dissent by Judge ROBRENO.

Rick Espindola appeals from the district court’s order granting summary

judgment to his former employer, Wismettac Asian Foods, Inc., in his action

alleging violations of California law stemming from his termination after he failed

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Eduardo C. Robreno, United States District Judge for the Eastern District of Pennsylvania, sitting by designation. Page 2 of

a drug…