Smith v. Alternative Resources Corp.

MEMORANDUM *

Lesley Smith, a former employee of Alternative Resources Corporation (“ARC”), appeals the district court’s grant of summary judgment in favor of ARC in her action for pregnancy discrimination and retaliation under the California Fair Employment and Housing Act (“FEHA”), Cal. Gov’t Code § 12900 et seq., and wrongful termination in violation of public policy. Smith also argues that the district court erred in admitting ARC’s spreadsheets of sales figures and account manager rankings without the proper evidentiary foundation for business records or summaries. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

We review de novo a district court’s grant of summary judgment. Buono v. Norton, 371 F.3d 543, 545 (9th Cir.2004). Summary judgment may be affirmed on any ground supported by the record. Olsen v. State Bd. of Med., 363 F.3d 916 , 922 (9th Cir.2004). The district court’s evidentiary rulings are reviewed for abuse of discretion. Geurin v. Winston Indus., Inc., 316 F.3d 879, 882 (9th Cir.2002).

The district court did not abuse its discretion in admitting ARC’s spreadsheets as business records under Federal Rule of Evidence 803(6). Sharon McKinney’s…