Arroyo

Arroyo v. Continental Airlines, Inc.

Good Law
173 F. App'x 634
United States Court of Appeals for the Ninth CircuitApril 5, 2006Nos. 04-55916, 04-56024California672 words

Opinion

Lead Opinion

MEMORANDUM *

Josefa Arroyo appeals the district court’s grant of summary judgment to her former employer, Continental Airlines, Inc., in her diversity action brought under the California Fair Employment and Housing Act (“FEHA”), Cal. GovtCode § 12940. Continental cross-appeals the district court’s denial of its motion for sanctions against Arroyo’s lawyer, Michael Portner. We review the grant of summary judgment de novo and the denial of sanctions for an abuse of discretion. Trulis v. Barton, 107 F.3d 685, 691, 692 , (9th Cir.1995). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm both rulings.

I. Summary Judgment

Arroyo’s reasonable accommodation claim 1 fails for three reasons: (1) she never notified Continental that she needed accommodation for her back injury; (2) her informal radio requests for lifting help did not constitute notice to Continental; and (3) she testified that no one ever refused her informal requests for lifting assistance. See Barnett v. U.S. Air., Inc., 228 F.3d 1105, 1114 (9th Cir.2000), vacated on other grounds, 535 U.S. 391 , 122 S.Ct. 1516 , 152 L.Ed.2d 589 (2002) (holding that a plaintiff must notify her employer that she is disabled…

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