Nrg Energy, Inc. v. Jerry Fuchs

MEMORANDUM

Jerry Fuchs appeals the district court’s order granting partial summary judgment in favor of NRG Energy, Inc. (NRG) on NRG’s breach of contract, unjust enrichment, and money had and received claims. Fuchs also appeals the district court’s order granting summary judgment in favor of Enel North America, Inc. (ENA) on Fuch’s third-party complaint against ENA.

We review a district court’s grant of summary judgment de novo. Weiner v. San Diego Cnty., 210 F.3d 1025, 1028 (9th Cir.2000). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

1. NRG’s suit against Fuchs

It is undisputed that NRG and Fuchs entered into a Separation, Severance, and General Release Agreement (Severance Agreement), and that NRG performed under the Severance Agreement when it paid Fuchs $1 million. See Harris v. Rudin, Richman & Appel, 74 Cal.App.4th 299 , 87 Cal.Rptr.2d 822, 828 (1999). NRG presented evidence that Fuchs resigned from ENA for convenience after two weeks. Following his resignation, Fuchs failed to pay NRG the portion of the $1 million the Severance Agreement required him to repay if he left ENA before working for one year. Fuchs argues that he withdrew his resignation for…