Ovchinnikov v. Contech Construction Products, Inc.

MEMORANDUM

Plaintiff-Appellant Fred Ovchinnikov appeals the district court’s denial of his Motion to Set Aside Order of Dismissal and Reinstate Action. We have jurisdiction under 28 U.S.C. § 1291 . We affirm.

The district court’s dismissal order permitted Ovchinnikov to reinstate his claim if the settlement agreement was not consummated. See Fed.R.Civ.P. 41(a)(2). In determining the existence of a contract, we review the district court’s legal conclusions de novo and factual findings for clear error. U.S. for Use of Youngstown Welding and Eng’g Co. v. Travelers Indem. Co., 802 F.2d 1164, 1169 (9th Cir.1986). We review the district court’s factual findings regarding offer, acceptance, revocation, and the intent of the parties to form a contract for clear error. See Ah Moo v. A.G. Becker Paribas, Inc., 857 F.2d 615, 621 (9th Cir.1988) (offer, acceptance, and revocation); Local 3-7, Int'l Woodworkers of Am. v. DAW Forest Prods. Co., 833 F.2d 789, 793 (9th Cir.1987) (intent to form a contract).

“The construction and enforcement of settlement agreements are governed by principles of local law which apply to interpretation of contracts generally.” Jeff D. v. Andrus, 899 F.2d 753, 759…