California Court of Appeal

In plaintiff's age discrimination suit against a company, claiming that he was not selected for an interview and not hired for a staff attorney position because he was 56 years old, trial court's grant of defendant's motion for summary judgment is affirmed where: 1) plaintiff's qualifications were not so superior to those of the person selected as to make the selection of that person unreasonable as required for a credentials-based finding of pretext; 2) defendant did not offer inconsistent justifications for the hiring decision; and 3) spoliation alone does not create a triable issue.

Appellate Information

• Decided 07/09/2010
• Published 07/09/2010

Judges

• Marchiano, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Edwin Bradley, Gary T. Lafayette