Green Hills Software, Inc. v. Safeguard Scientifics & SPC Private Equity Partners

MEMORANDUM **

Green Hills Software, Inc. (“Green Hills”) appeals the district court’s grant of summary judgment in favor of Safeguard Scientifics (“Safeguard”) and SPC Private Equity Partners (“SPC”) (collectively “Appellees”) in Green Hills’ action for intentional interference with prospective economic relations. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

The elements of a cause of action for intentional interference with prospective economic relations under California law are: (1) an economic relationship between the plaintiff and another containing a probability of future economic benefit, (2) knowledge by the defendant of the existence of the relationship, (3) intentional acts on the part of the defendant designed to disrupt the relationship, (4) actual disruption of the relationship, and (5) damages to the plaintiff proximately caused by the acts of the defendant. Della Penna v. Toyota Motor Sales, U.S.A., Inc., 11 Cal.4th 376, 389 , 45 Cal.Rptr.2d 436 , 902 P.2d 740 (1995).

In Della Penna , the California Supreme Court held that “a plaintiff seeking to recover for an alleged interference with prospective contractual or economic relations must plead…