MV TRANSPORTATION, INC
Filed 7/9/10
IN
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST
APPELLATE DISTRICT
DIVISION
ONE
DAVID B.
REEVES,
Plaintiff and Appellant,
v.
MV
TRANSPORTATION, INC.,
Defendant and Respondent.
A125927
(Solano
County
Super. Ct.
No. FCS030265)
Plaintiff
David B. Reeves, age 56, applied for a position as a staff attorney with
defendant MV Transportation, Inc. He was
not one of the people chosen to be interviewed, and the job was given to
someone forty years old. He sued
defendant for age discrimination, and the court granted defendant's motion for summary judgment. Plaintiff contends that there are triable issues arising from his superior
qualifications for the position, defendant's inconsistent explanations for not
hiring him, and defendant's spoliation of evidence. We disagree and affirm the judgment for
defendant.
I. BACKGROUND
Defendant's
General Counsel and Chief Legal Officer John Biard posted a notice on the
Association of Corporate Counsel website in January 2005 of a staff attorney
opening with defendant. The notice read: â€
| Description | Plaintiff David B. Reeves, age 56, applied for a position as a staff attorney with defendant MV Transportation, Inc. He was not one of the people chosen to be interviewed, and the job was given to someone forty years old. He sued defendant for age discrimination, and the court granted defendant's motion for summary judgment. Plaintiff contends that there are triable issues arising from his superior qualifications for the position, defendant's inconsistent explanations for not hiring him, and defendant's spoliation of evidence. Court disagree and affirm the judgment for defendant. |
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