Randall

Randall v. Codman & Shurtleff, Inc.

Good Law
31 F. App'x 492
United States Court of Appeals for the Ninth CircuitMarch 6, 2002No. 00-56842; D.C. No. CV-99-00238-RHWCalifornia508 words

Opinion

Lead Opinion

MEMORANDUM *

We have jurisdiction pursuant to 28 U. S.C. § 1291, and we affirm. We review the district court’s grant of summary judgment de novo. 1 Viewing the evidence in the light most favorable to the appellant, we must determine whether any genuine issues of material fact exist and whether the district court correctly applied the law. 2 We review the district court’s denial of appellant’s motion to alter or amend for abuse of discretion.

The district court correctly granted the defendants’ motion for summary judgment. Randall pointed to nothing that suggests Foldvari or Collins knew, or had reason to know, at the time they made the alleged promises, that their promises would not be performed. Accordingly, the district court properly granted summary judgment as to Randall’s claim for promissory fraud.

The district court also correctly held that the alleged pre-hire oral statements were too vague to be enforceable and that the personnel policies and procedures did not create an employment contract with termination only for cause. 4 We conclude that the post-hire statements, when viewed in the light most favorable to Randall, suggest only that his tenure with the com *493…

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