Patrick

Oxycal Laboratories, Inc. v. Patrick

Good Law
8 F. App'x 761
United States Court of Appeals for the Ninth CircuitApril 25, 2001Nos. 99-56069, 99-56173; D.C. No. SA CV-96-1119 HSA (Eex)California1,405 words

Opinion

Lead Opinion

MEMORANDUM **

James Patrick (“Patrick”) appeals the summary judgment of the District Court of the Central District of California holding him liable for tortious interference with contract and assessing Prentice damages of $229,655.19. Patrick further contests the court’s decision denying his motion to amend his complaint. Oxycal Laboratories, Inc. (“Oxycal”) cross appeals certain evidentiary decisions as well as the court’s computation of Prentice damages. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

I. Patrick’s Appeal

We review the district court’s refusal to allow Patrick to amend his complaint under a standard of abuse of discretion. Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 607 (9th Cir.1992). We review the district court’s summary judgment of liability for intentional interference with contract de novo. Rano v. Sipa Press, Inc., 987 F.2d 580, 584 (9th Cir. 1993). In doing so, we must determine, viewing the evidence in the light most favorable to the nonmoving party, whether there are any genuine issues of material fact and whether the district court correctly applied the relevant substantive law. Id.

Patrick’s motion for leave to amend his…

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