Tabitha Totah v. Lucasfilm Entertainment Co.

Tabitha Totah appeals the district court’s grant of summary judgment in her sex discrimination suit against her former employer, Lucasfilm Entertainment Co. Totah sought relief under Title VII and California’s Fair Employment and Housing Act based on theories of sexual harassment, disparate treatment, and retaliation.

We review the grant of summary judgment de novo. Vasquez v. Cnty. of L.A, 349 F.3d 634, 639 (9th Cir.2004). In so doing, we review the record that was before the court that granted summary judgment. See Cornwell v. Electra Cent. Credit Union, 439 F.3d 1018, 1027-28 (9th Cir.2006). In the exercise of sound discretion we may permit novel legal arguments on appeal. Hesse v. Sprint Corp., 598 F.3d 581, 590 (9th Cir.2010).

The parties are familiar with the facts. After the district court granted summary judgment, Totah filed a motion for reconsideration. In her motion, Totah made several arguments for the first time, which she now repeats on appeal. First, Totah alleged that the meeting in which her supervisors informed her of complaints about her conduct was itself a form of harassment. Second, Totah argued that her phone call to a business partner was protected…