AMRA Industries Inc. v. GTE Mobilnet

MEMORANDUM **

Appellant AMRA Industries, Inc. (“AMRA”) appeals a decision of the district court granting summary judgment to Appellee GTE Mobilnet of San Diego (“GTE”). Because the parties are familiar with the facts, we recite them only briefly here. AMRA filed suit against GTE for breach of contract. The alleged contract involved the purchase by AMRA from GTE of wholesale cellular telecommunications services for resale on the retail market in the San Diego area. GTE forwarded to AMRA a proposed contract with a letter explaining that GTE was prepared to execute the agreement upon AMRA’s compliance with four conditions. AMRA failed to provide evidence to GTE that it had fulfilled any of the requisite conditions before GTE formally revoked its offer on June 2,1997.

We have jurisdiction under 28 U.S.C. § 1291 . A district court’s grant of summary judgment is reviewed de novo. See Weiner v. San Diego County, 210 F.3d 1025, 1028 (9th Cir.2000). A district court’s decision on an issue of state law is reviewed de novo. See Mastro v. Witt, 39 F.3d 238, 241 (9th Cir.1994).

It is well established that the acceptance of an offer must conform to the terms of the offer. See Cal.Civ.Code §…