Klepper
Klepper v. City of Page
Opinion
Lead Opinion
MEMORANDUM **
Donald K. Klepper appeals pro se from the district court’s summary judgment in favor of defendants in Klepper’s action alleging, inter alia, breach of contract and due process violations arising from his termination as City Manager of Page, Arizona. We have jurisdiction under 28 U.S.C. § 1291 . After de novo review, Hobler v. Brueher, 325 F.3d 1145, 1151 (9th Cir.2003), we affirm.
The district court properly granted summary judgment on Klepper’s breaehof-contract claim because his employment was subject to termination under both the “successor board” doctrine, see Serna v. Pima County, 185 Ariz. 380 , 916 P.2d 1096, 1097 (1995), and the plain language of his employment agreement, which also incorporated by reference Arizona law specifying his employment was at-will, see Ariz.Rev.Stat. 9-303(C) (“The person ap *694 pointed to the office of city or town manager shall serve at the pleasure of the governing body of the city or town and may be removed without cause by a majority vote thereof.”).
The district court properly concluded that Arizona law did not recognize a separate tort action for breach of the implied covenant of good faith and fair dealing in the…