Ageman

Ageman v. AFG Industries, Inc.

Good Law
50 F. App'x 875
United States Court of Appeals for the Ninth CircuitNovember 14, 2002No. 01-57034; D.C. No. CV-00-00993-VAPCalifornia1,024 words

Opinion

Lead Opinion

MEMORANDUM **

Marlene Ageman appeals the district court’s grant of summary judgment dismissing her various actions in diversity against her former employer, AFG Industries, Inc. We have jurisdiction pursuant to 28 U.S.C. § 1291 . Because we agree that Ageman failed to demonstrate genuine issues of material fact as to essential elements of each of her claims, we AFFIRM the district court.

We review the grant of summary judgment de novo, applying the same summary judgment standard as the trial court. Walker v. City of Lakewood, 272 F.3d 1114, 1122 (9th Cir.2001). Contrary to Ageman’s argument, we have held that federal courts should apply the federal standard for summary judgment in diversity actions. Martinez v. Asarco Inc., 918 F.2d 1467 , 1470 n. 3 (9th Cir.1990).

We find that Ageman failed to put forth prima facie evidence of a disability within the meaning of the Fair Employment and Housing Act (“FEHA”). Section 12926(k) defines “physical disability” as “any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that ... affects [a significant body system] and limits a major life activity.” A condition “limits a major life activity if it makes…

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