Critz
Critz v. Union Oil Co.
Opinion
Lead Opinion
MEMORANDUM *
Karen Edwards Critz appeals the district court’s order granting summary judgment on her diversity action against her former employer, Union Oil of California (“Unocal”). Critz contends that there are genuine issues of fact regarding her claim that Unocal breached an express or implied contract for a salary increase, that Unocal violated ROW 49.52.070 by wilfully withholding her wages, and that the district court erred by failing to admit as evidence a statement allegedly made by Critz’s manager. We have jurisdiction under 28 U.S.C. § 1291 , and we reverse and remand for trial.
*561 We review a district court’s grant of summary judgment de novo. Weiner v. San Diego County, 210 F.3d 1025, 1028 (9th Cir.2000). We must determine, viewing the evidence in the light most favorable to the nonmoving party, whether there are any issues of material fact and whether the district court correctly applied the relevant substantive law. Lopez v. Smith, 203 F.3d 1122, 1131 (9th Cir.2000).
Under Washington law, to create an express contract the parties must “express their intentions and the terms of their agreement, either orally or in writing, at the time they enter into the…