Khouri

MEMORANDUM **

George Khouri appeals the district court’s summary judgment for United Airlines, Inc., in his suit brought under the California Fair Employment and Housing Act (“FEHA”), Cal. Gov’t Code § 12940. After applying to be a pilot with United three times and being rejected each time, Khouri brought suit in federal district court claiming that United unlawfully discriminated against Khouri based on his national origin (Lebanese) and unlawfully retaliated against Khouri for past complaints. On appeal, he argues that (1) the district court lacked subject matter jurisdiction because both United and Khouri are California citizens, and (2) the district *319 court erred in granting United summary judgment on two of his claims, because genuine issues of material fact exist. We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

Subject matter jurisdiction here depends on diversity. See 28 U.S.C. § 1382 (a)(1). We review factual findings made by the lower court in support of its determination of subject matter jurisdiction for clear error, see Stock West, Inc. v. Confederated Tribes of the Colville Reservation, 873 F.2d 1221, 1225 (9th Cir.1989), but we review the ultimate…