GR Corp. v. Amway Corp.

MEMORANDUM *

Appellant GR Corporation, also known as Galles Racing International (“Galles”), appeals the district court’s summary judgment order dismissing its action for quantum meruit, negligent misrepresentation and fraud, and breach of contract. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

A district court’s summary judgment order is reviewed de novo. Clicks Billiards Inc. v. Sixshooters, Inc., 251 F.3d 1252, 1257 (9th Cir.2001). 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. The task is not to weigh the evidence, but rather only to determine whether there is a genuine issue for trial. Balint v. Carson City, 180 F.3d 1047, 1054 (9th Cir.1999) (en banc).

Both parties in a quasi-contractual relationship must have contemplated compensation before quantum meruit recovery is available. 1 See In re Estate of Mumford, 173 Cal. 511 , 160 P. 667, 672 (Cal.1916) (“In order to support a right for recovery for services rendered upon a quantum meruit, which is the claim of respondents…