De Leon v. Alameda County

MEMORANDUM **

Diana De Leon (“De Leon”) appeals pro se the district court’s summary judgment *537 in favor of the County of Alameda (“County”) and the Superior Court of the State of California (erroneously named “Fremont Municipal Court”) in her action under Title VII of the Civil Rights Act of 1964 alleging race discrimination and retaliation. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

We review the district court’s entry of summary judgment de novo. DeGrassi v. City of Glendora, 207 F.3d 636, 641 (9th Cir.2000). The district court properly granted summary judgment on De Leon’s claims because De Leon did not provide specific and substantial evidence that her employer’s proffered reason for her termination — poor work performance and attitude — was a pretext for firing her. See Wallis v. J.R. Simplot Co., 26 F.3d 885, 892 (9th Cir.1994) (affirming summary judgment because plaintiff failed to present evidence to refute legitimate, nondiscriminatory reason for discharge). De Leon’s statistical evidence was insufficient to overcome her burden. See Mayor v. Educ. Equality League, 415 U.S. 605, 621 , 94 S.Ct. 1323 , 39 L.Ed.2d 630 (1974) (deeming sample size…