Galvan

MEMORANDUM **

Raymond Galvan brought this action under California law against Wal-Mart Stores, Inc., on the ground that it had discriminated against him on the basis of a physical disability when it terminated him. See Cal. Gov’t Code § 12940(a). The district court granted summary judgment in favor of Wal-Mart, and Galvan appealed. We affirm.

(1) The district court did not err when it granted summary judgment on Galvan’s disability discrimination claim. We need not explore whether, under California law, Galvan has a disability 1 because even if he does, there is no evidence to indicate that his termination was on account of the disability. On the contrary, the evidence demonstrates that he was terminated solely because he removed a food supplement from Wal-Mart’s shelf and drank it without first paying for it. Thus, he did not spell out a prima facie case of disability discrimination. See Finegan v. County of Los Angeles, 91 Cal.App.4th 1, 7 , 109 Cal.Rptr.2d 762, 767 (2001). By the same token, Wal-Mart demonstrated a “legitimate nondiscriminatory reason” for terminating Galvan, and he presented no evidence to show that the reason was pretextual. See Deschene v.. Pinole Point…