American Express Bank, Ltd., Plaintiff-Counter-Defendant-Appellee v. Mohammed Hassan Haeri Foumani, Defendant-Counter-Claimant-Appellant

19 F.3d 25 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. AMERICAN EXPRESS BANK, LTD., Plaintiff-counter-defendant-Appellee, v. Mohammed Hassan Haeri FOUMANI, Defendant-counter-claimant-Appellant No. 93-55146. United States Court of Appeals, Ninth Circuit. Submitted March 8, 1994. * Decided March 11, 1994. Before: FLETCHER, BRUNETTI, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Mohammed Hassan Haeri Foumani appeals the district court's order enforcing a settlement agreement between Foumani and American Express Bank, Ltd. (AMEX). Foumani contends the district court erred by enforcing the settlement agreement because a condition precedent to the agreement, Foumani's selection of a bondable guarantor, had not been satisfied. We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm. 3 We review de novo the district court's interpretation of a settlement agreement based upon the language of the contract. Petro-Ventures, Inc. v. Takessian, 967 F.2d 1337, 1340 (9th Cir.1992).…