Vernon v. City of Berkeley
Filed 5/30/06 Vernon v. City of Berkeley CA1/1
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California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION ONE
HARRY K. VERNON, Plaintiff and Appellant, v. CITY OF BERKELEY, Defendant and Respondent. | A109680 (Alameda County Super. Ct. No. C-842999-1) |
The trial court granted the motion of respondent City of Berkeley (hereafter respondent or the City) for summary judgment and dismissed appellant's action for employment discrimination (Gov. Code, § 12940), violation of civil rights (42 U.S.C. §§ 1981, 1983), and declaratory relief. We conclude that the City has established a complete defense to appellant's action, and affirm the judgment.
STATEMENT OF FACTS AND PROCEDURAL HISTORY
The evidence before us is familiar to this court and is for the most part not in material dispute. Appellant is â€