Garza
Garza v. City of Tulare
Opinion
Lead Opinion
MEMORANDUM ***
Ricardo C. Garza appeals pro se the district court’s grant of summary judgment in his employment discrimination action against the City of Tulare (“the City”) arising from his rejection for a promotion to a supervisory position. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Wallis v. J.R. Simplot Co., 26 F.3d 885, 888 (9th Cir.1994), and may affirm on any ground supported by the record, Steckman v. Hart Brewing, Inc., *431 143 F.3d 1293, 1295 (9th Cir.1998). We affirm.
The district court correctly granted the City’s motion for summary judgment on Garza’s claim , of age discrimination in violation of the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634 , because Garza did not establish a prima facie case of disparate treatment. See Wallis, 26 F.3d at 891 (setting forth elements of prima facie case); cf. Lindahl v. Air France, 930 F.2d 1434, 1438 (9th Cir.1991) (concluding prima facie case established in failure to promote case where selected candidate was under age 40).
The district court also properly granted summary judgment on Garza’s state law claim for breach of the implied covenant of good faith and fair dealing because the terms…