Ramon

Ramon v. Lockheed Martin Corp.

Good Law
67 F. App'x 487
United States Court of Appeals for the Ninth CircuitJune 18, 2003No. 02-56929California383 words

Opinion

Lead Opinion

MEMORANDUM **

Jacob F. Ramon appeals pro se the district court’s summary judgment for Lockheed Martin Corporation (“Lockheed”) in his age discrimination action. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review summary judgment de novo, Wallis v. J.R. Simplot Co., 26 F.3d 885, 888 (9th Cir.1994), and we affirm.

The district court properly granted summary judgment on Ramon’s claim pursuant to the Fair Employment and Housing Act, Cal. Gov’t Code § 12941, because he failed to rebut Lockheed’s evidence demonstrating that he was a substandard employee and that budget cuts forced it to reduce its workforce. See Hersant v. Dep’t of Soc. Servs., 57 Cal.App.4th 997 , 67 Cal.Rptr.2d 483, 488-91 (Cal.Ct.App.1997).

The district court also properly granted summary judgment on Ramon’s claim that Lockheed breached an implied employment contract with him because the parties’ “express at-will agreement precluded the existence of an implied contract requiring good cause for termination.” See Camp v. Jeffer, Mangels, Butler & Marmaro, 35 Cal.App.4th 620 , 41 Cal.Rptr.2d 329, 334 (Cal.Ct.App.1995) (citing Cal. Lab. Code § 2922 ).

The district court did not abuse its discretion by…

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