Shymatta

MEMORANDUM **

David Shymatta appeals pro se the district court’s summary judgment for defendant in his action alleging that Microsoft Corporation (“Microsoft”) discriminated against him on the basis of his religion in violation of California’s Unruh Civil Rights Act, Cal. Civ.Code § 51 et seq. (“Unruh Act”), and California Business and Professions Code §§ 16721 and 17200. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo a district court’s summary judgment, see Botosan v. Paul McNally Realty, 216 F.3d 827, 830 (9th Cir.2000), as well as its interpretation and application of relevant state law, see Kona Enters. Inc. v. Estate of Bishop, 229 F.3d 877 , 883 (9th Cir.2000). We affirm.

The district court properly granted summary judgment to Microsoft on Shymatta’s Unruh Act claim because Microsoft’s decision to deny Shymatta permission to reprint images and text from the Encarta Encyclopedia in his self-published textbook on creationism demonstrated a “legitimate business interest” in protecting its reputation as a neutral, objective educational resource. See Harris v. Capital Growth Investors XIV, 52 Cal.3d 1142, 1164-65 , 278 Cal.Rptr. 614 , 805 P.2d 873 (1991)…