Robert Valenzuela v. Adt Security Services, Inc.

MEMORANDUM

Plaintiffs-Appellants Roberto and Ruby Valenzuela and Pearl of the Orient, Inc. d/b/a Manila Fine Jewelers (collectively “Valenzuela”) appeal from the following district court orders: 1) the grant of summary judgment in favor of Defendant-Appellee ADT Security Services, Inc. (“ADT”) on Valenzuela’s claim of gross negligence; 2) the decision to enforce a limited damages provision after granting summary judgment in favor of Valenzuela on a breach of contract claim; and 3) the refusal to award attorneys’ fees in favor of Valenzuela. ADT cross-appeals the district court’s refusal to award attorneys’ fees in its favor. We have jurisdiction pursuant to 28 U.S.C § 1291. We review de novo the district court’s legal determinations. Balint v. Carson City, 180 F.3d 1047, 1050 (9th Cir.1999) (en banc). We review the district court’s decision to award or deny attorneys’ fees for abuse of discretion. Drucker v. O’Brien’s Moving & Storage, Inc., 963 F.2d 1171, 1173 (9th Cir.1992).

The district court properly granted summary judgment in favor of ADT on Valenzuela’s gross negligence claim. Although ADT failed properly to install Valenzuela’s alarm system and failed to provide…