Diyorio
Diyorio v. AT&T, a Corp.
Opinion
Lead Opinion
MEMORANDUM **
In this diversity action, Diane Diyorio appeals the district court’s order granting summary judgment to defendants Avaya, Inc., Steven Waltrich, and Eric Rossman (collectively, “defendants”). Diyorio alleges under California law that defendants discriminated against her on the basis of her age and gender in firing her. She also alleges claims for unlawful retaliation, wrongful termination in violation of public policy, intentional infliction of emotional distress, violation of an implied-in-fact employment contract, and violation of California’s unfair competition law. On summary judgment, the district court held that Diyorio failed to present evidence creating a genuine issue of material fact on any of these claims. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.
We review the district court’s order granting summary judgment de novo. Godwin v. Hunt Wesson, Inc., 150 F.3d 1217, 1219-20 (9th Cir.1998). Our task is to “determine, viewing the evidence in the light most favorable to the nonmoving party, whether any genuine issues of material fact exist and whether the district court correctly applied the relevant substantive law.” Id. at 1220 ; see also…