Tony Peroulis v. Zachary Kriston

MEMORANDUM

Zachary Apollo Kriston appeals pro se from the district court’s summary judgment against him in plaintiffs diversity action alleging, among other claims, embezzlement, breach of contract, breach of the covenant of good faith and fair dealing, and alter ego liability. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Morrison v. Hall, 261 F.3d 896, 900 (9th Cir.2001), and we affirm.

The district court properly granted summary judgment on plaintiffs embezzlement claim because Kriston failed to raise a genuine dispute of material fact as to whether he misappropriated funds for his own personal use that plaintiff entrusted to him for investment in a proposed business venture.

The district court properly granted summary judgment on plaintiffs claims for breach of contract and breach of the covenant of good faith and fair dealing because Kriston failed to raise a triable dispute as to whether the parties entered into valid contracts that imposed obligations with whose letter and spirit Kriston failed to comply, causing plaintiff damage. See Hilton Hotels v. Butch Lewis Prods., Inc., 109 Nev. 1043 , 862 P.2d 1207, 1209 (1993) (per curiam) (elements breach of…