
    Michael DRUMM, Plaintiff-Appellant, v. MORNINGSTAR, INC., Defendant-Appellee.
    No. 09-17572.
    United States Court of Appeals, Ninth Circuit.
    Argued and Submitted Feb. 18, 2011.
    Filed Feb. 25, 2011.
    William Gaus, Barbara Lynne Harris Chiang, Esquire, Dillingham & Murphy, LLP, San Francisco, CA, for Plaintiff-Appellant.
    William R. Pokorny, Staci Ketay Rot-man, Franczek Radelet P.C., Chicago, IL, Michael Wilbur, Cook & Roos, LLP, San Francisco, CA, for Defendant-Appellee.
    Before: SCHROEDER and THOMAS, Circuit Judges, and ADELMAN, District Judge.
    
    
      
       The Honorable Lynn S. Adelman, District Judge for the United States District Court for the Eastern District of Wisconsin, sitting by designation.
    
   MEMORANDUM

Michael Drumm appeals the district court’s grant of summary judgment with respect to his discrimination claim on the basis of sexual orientation. Drumm, however, failed to establish a prima facie case of discrimination because he failed to show that “he was performing competently in the position he held.” Guz v. Bechtel Nat’l, Inc., 24 Cal.4th 317, 355, 100 Cal. Rptr.2d 352, 8 P.3d 1089 (2000). The evidence shows that Drumm acted unprofessionally in his relationship with two of his employer’s major clients and that both clients expressed their discontent with Drumm’s performance. Drumm failed to submit specific facts that would create a genuine issue of material fact as to the quality of his performance or the reasons for his termination. Fed.R.Civ.P. 56(c).

AFFIRMED. 
      
       This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.
     