Masha Maxim v. Dental Care Corp

MEMORANDUM

Defendants appeal the judgment in favor of the plaintiff on her claims for breach of contract and discharge in violation of public policy. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

1. We review the defendants’ challenges to the jury instructions for plain error because the defendants did not object to the instructions in the district court. See Hunter v. Cnty. of Sacramento, 652 F.3d 1225, 1230 (9th Cir.2011); Fed. R.Civ.P. 51(c)(1), (d)(2). Although the defendants proposed jury instructions that would have summarized their defenses and included substantial performance as an element of Dr. Maxim’s breach of contract claim, they did nothing to place the district court on notice that they objected to omission of those matters from the court’s proposed instructions. See Hunter, 652 F.3d at 1230 .

2. The district court did not plainly err by failing to give an instruction summarizing the defendants’ proposed defenses to Dr. Maxim’s claims. Although the defendants rely on Ninth Circuit Model Civil Jury Instruction 1.2, that instruction covers only affirmative defenses. The defendants’ contention that Dr. Maxim quit her job is not an affirmative defense…