Opinion
This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)
Page 948.
Joseph M. Lovretovich, Esq., Law Offices of Joseph M. Lovretovich, Woodland Hills, CA, for Plaintiff-Appellant.
Thomas P. Brown, IV, Esq., William O. Stein, Esq., Epstein, Becker & Green, Los Angeles, CA, for Defendant-Appellee.
Appeal from the United States District Court for the Central District of California, Terry J. Hatter, Senior District Judge, Presiding. D.C. No. CV-01-06967-TJH.
Before: LEAVY and RAWLINSON, Circuit Judges, and MAHAN, District Judge.
The Honorable James C. Mahan, United States District Judge for the District of Nevada, sitting by designation.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
Kevin Lappi (Lappi) failed to present any evidence that his discharge from Examination Management Services Inc. occurred under circumstances giving rise to an inference of age discrimination. See Rose v. Wells Fargo & Co., 902 F.2d 1417, 1422 (9th Cir.1990). Additionally, the age difference between Lappi and the employee who assumed some of his duties several months after he was terminated, is not significant enough to show an inference of age discrimination. See Guz v. Bechtel Nat. Inc., 24 Cal.4th 317, 100 Cal.Rptr.2d 352, 8 P.3d 1089, 1122-23 (2000).
AFFIRM.