Mladen Zivkovic v. Southern California Edison Company

Caution
2002 Daily Journal DAR 10537·302 F.3d 1080·2002 WL 31027935·13 Am. Disabilities Cas. (BNA) 882·53 Fed. R. Serv. 3d 1179
United States Court of Appeals for the Ninth CircuitSeptember 12, 200200-56867California4,357 words

Opinion

Opinion

Rawlinson, J.

Plaintiff-Appellant Mladen Zivkovic (“Zivkovic”) appeals the district court’s grant of judgment in favor of Defendant-Appellee Southern California Edison Co. (“Edison”) after a bench trial on Zivkovic’s claim of disability discrimination under the Americans with Disabilities Act (“ADA”). Zivkovic also appeals certain procedural rulings made by the district court. Zivko-vic’s appeal is timely and we have jurisdiction pursuant to 28 U.S.C. § 1291 . The district court did not err when making its procedural rulings. However, the district court failed to make sufficiently detailed factual findings to allow for complete review of its decision on the merits. Accordingly, we vacate the district court’s judgment and remand with the instruction that the district court make clear findings in accordance with Fed.R.Civ.P. 52(a).

BACKGROUND

On December 29, 1998, Zivkovic, filed a pro se two-page complaint in federal court alleging that Edison discriminated against him during the hiring process for a meter reader job. On February 12, 1999, Edison filed its answer denying discrimination. Thereafter, Zivkovic retained counsel who filed a substitution of attorney on May 11, 1999.

On…

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