El-Mosalamy

El-Mosalamy v. Loma Linda University Medical Center

Good Law
32 F. App'x 480
United States Court of Appeals for the Ninth CircuitApril 15, 2002No. 00-55385; D.C. No. CV-98-07823-RAPCalifornia393 words

Opinion

Lead Opinion

MEMORANDUM **

Hesham El-Mosalamy, an unsuccessful medical residency applicant, appeals pro se *481 the district court’s partial dismissal and partial summary judgment in his action alleging discrimination under Title VII, the California Fair Employment and Housing Act (“FEHA”), the Age Discrimination in Employment Act (“ADEA”), and 42 U.S.C. § 1981 . We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Barnett v. Centoni, 31 F.3d 813, 815-16 (9th Cir.1994) (per curiam), and we affirm.

The district court properly dismissed El-Mosalamy’s 42 U.S.C. § 1981 claim as barred by the applicable one year statute of limitations. See Taylor v. Regents of the Univ. of Cal., 993 F.2d 710 , 711 (9th Cir.1993) (per curiam).

The district court properly dismissed El-Mosalamy’s religious discrimination claim under FEHA because Loma Linda University Medical Center (“LLUMC”) is exempt from FEHA liability as a religious not-for-profit corporation. Cal. Gov’t Code § 12926(d); Arriaga v. Loma Linda Univ., 10 Cal.App.4th 1556, 13 Cal.Rptr.2d 619, 621 (Cal.App.1992).

Although the district court erred by dismissing the Title VII claim for religious discrimination based on LLUMC’s…

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