Richard Glair v. National Evaluation Services
Opinion
Opinion
MEMORANDUM
Richard J. Glair appeals pro se from the district court’s summary judgment in his action alleging breach of contract, negligence, and constitutional claims, arising from Glair’s failure to pass the California Subject Examination of Teachers (“CSET”). We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a district court’s grant of summary judgment. Olsen v. Idaho State Bd. of Med., 363 F.3d 916 , 922 (9th Cir.2004). We review for an abuse of discretion the denial of leave to amend. Lipton v. Pathogenesis Corp., 284 F.3d 1027, 1038 (9th Cir.2002). We affirm.
The district court properly granted summary judgment because Glair’s claims were barred by the limitation and waiver of liability provisions in the registration for the CSET. See Armendariz v. Found. Health Psychcare Servs., Inc., 24 Cal.4th 83 , 99 Cal.Rptr.2d 745 , 6 P.3d 669, 690 (2000) (contract provision is enforceable unless it is procedurally and substantively unconscionable); Tunkl v. Regents of Univ. of Cal, 60 Cal.2d 92 , 32 CaL.Rptr. 33, 383 P.2d 441, 445-46 (1963) (enumerating factors to determine whether an exculpatory provision is invalid because it involves the “public interest”).