Garcia

MEMORANDUM **

Plaintiff Thomas Garcia appeals from the district court’s grant of summary judgment in favor of defendant Lucent Technologies Inc. on Garcia’s claim that Lucent breached an implied contract term when it fired him without good cause. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

In California, “[a]n employment, having no specified term, may be terminated at the will of either party on notice to the other.” Cal. Lab.Code § 2922. Thus, to defeat Lucent’s motion for summary judgment based on California’s statutory presumption of at-will employment, Garcia must adduce admissible evidence of an agreement that he could not be discharged without good cause. See Eisenberg v. Alameda Newspapers, Inc., 74 Cal.App.4th 1359 , 88 Cal.Rptr.2d 802, 824 (1999). Garcia contends that a triable issue of material fact exists with respect to whether Lu-cent’s code of conduct and progressive discipline policy give rise to an implied contract term that Garcia could be fired only for cause. However, “[a] contract requiring termination only for cause will not be implied if there is an express writing providing to the contrary.” Id.

In this case, at least two express…