Leslie

Leslie v. Grupo ICA

Good Law
198 F.3d 1152·99 Daily Journal DAR 12323·1999 WL 1093118·45 Fed. R. Serv. 3d 920·1999 U.S. App. LEXIS 31932
United States Court of Appeals for the Ninth CircuitDecember 6, 1999No. 98-15181California4,071 words

Opinion

Lead Opinion

Thompson, J.

Stephen K. Leslie (“Leslie”) appeals the district court’s summary judgment dismissing his diversity action against ICA Construction Corporation, a Florida corporation; ICA Internacional, S.A. de C.V., and Empresas ICA, Sociedad Controlado-ra, S.A. de C.V., both Mexican corporations; and ICA executive vice-president Andres Conesa Ruiz (collectively “ICA” or “Grupo ICA”). Leslie asserts that ICA breached an oral contract to pay him a $100,000 flat fee and a percentage-based fee of more than $1,250,000 for facilitating an introduction between ICA and Perini Corporation, who then formed a joint venture for a construction project. Although the district court recognized that Leslie’s deposition testimony and sworn declaration were sufficient, if believed, to survive summary judgment, the court concluded that Leslie’s self-serving assertions were so contradicted by Leslie’s correspondence with ICA as to be unbelievable. On that basis, the district court granted summary judgment in favor of ICA.

We have jurisdiction under 28 U.S.C. § 1291 , and we reverse the district court’s summary judgment. We affirm, however, the district court’s denial of Leslie’s motion for recusal. We lack…

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