Martinez

Martinez v. County of Los Angeles

Good Law
325 F. App'x 494
United States Court of Appeals for the Ninth CircuitApril 15, 2009No. 08-55156California305 words

Opinion

Lead Opinion

MEMORANDUM **

Susana Martinez (Martinez) appeals the district court’s summary judgment in favor of defendants on all claims in her action brought under 42 U.S.C. § 1983 and state unlawful employment practices statutes.

1. Although Martinez approved the judgment entered by the district court, the record reflects that she intended to pursue her appeal rights. Therefore, there was no waiver of appeal. See U.A. Local 342 Apprenticeship & Training Trust v. Babcock & Wilcox, Construction Co., 396 F.3d 1056, 1058 (9th Cir.2005).

2. Martinez failed to raise a material issue of fact regarding her employment by the Los Angeles Community College District, rather than the County of Los Angeles (County), during the time relevant to her case. See Hardage v. CBS Broadcasting Inc., 427 F.3d 1177, 1183 (9th Cir.2005) (“There is no issue for trial unless there is sufficient evidence favoring the nonmoving party for a jury to return a verdict for that party. If the evidence is merely colorable, or is not significantly probative, summary judgment may be granted.”) (citation and alteration omitted).

3. Because Martinez was not employed by the County, summary judgment was properly awarded to the…

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