Cooper

Cooper v. Southern California Edison Co.

Good Law
170 F. App'x 496
United States Court of Appeals for the Ninth CircuitMarch 13, 2006No. 03-57059California768 words

Opinion

Lead Opinion

MEMORANDUM **

Appellant Jerry Cooper appeals the district court’s grant of summary judgment in favor of Defendants-Appellees Southern California Edison Company (“SCE”), Bartlett Nuclear, Inc. (“Bartlett”), El Camino Nuclear, Inc. (“El Camino”), and Tom Brown. We have jurisdiction pursuant to 28 U.S.C. § 1331 , and we affirm.

Cooper worked at San Onofre Nuclear Generating Station (“SONGS”) as an employee of El Camino. He alleges that he reported safety concerns and the sexual harassment of his girlfriend, and for doing so was retaliated against in violation of Title VII, the California Fair Employment and Housing Act (“FEHA”), and public policy. Cooper also alleges assault and battery and negligent and intentional infliction of emotional distress.

SONGS is located within a federal enclave, acquired by the United States in 1941 when it established Camp Pendelton. United States v. Fallbrook Pub. Util. Dist., 110 F.Supp. 767, 771 (S.D.Cal.1953). Only federal law applies on a federal enclave, but preexisting state law not inconsistent with federal policy becomes federal law and is applicable as well. Paul v. United States, 371 U.S. 245, 263-64 , 83 S.Ct. 426 , 9 L.Ed.2d 292…

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