Vitto

Vitto v. Central Parking Corp.

Good Law
103 F. App'x 202
United States Court of Appeals for the Ninth CircuitJune 28, 2004No. 03-16765California634 words

Opinion

Lead Opinion

MEMORANDUM **

Esau A. Vitto appeals the district court’s order granting summary judgment to Central Parking Corporation (“Central Parking”) and St. Joseph’s Hospital and Medical Center (“StJoseph’s”) on Vitto’s claims of unlawful discharge under Title VII and the Arizona Civil Rights Act (“ACRA”) as well as his claim that he was entitled to unpaid wages. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

I

We review the district court’s decision to grant summary judgment de novo. United States v. City of Tacoma, 332 F.3d 574, 578 (9th Cir.2003). “We determine, viewing the evidence in the light most favorable to the nonmoving party, whether there are any genuine issues of material fact and whether the district court correctly applied substantive law.” Id.

A

Vitto argues that the district court erred when it granted summary judgment in favor of St. Joseph’s. He contends that employees of St. Joseph’s exercised control over Central Parking’s management and employees and that St. Joseph’s employees were directly responsible for his discharge from his job with Central Parking. Importantly, Vitto does not allege that he was employed by St. Joseph’s, and as the district…

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