Tursi

MEMORANDUM **

Dan Tursi, as administrator of the estate of C’esca Lawrence, appeals the district *467 court’s grant of summary judgment in favor of Lane Labs, Incorporated (“Lane”). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. The parties are familiar with the facts, and we need not recite them here.

In order to defeat a motion for summary judgment, the nonmoving party must show that more than “a mere scintilla of evidence” supports its case. 1 “[T]he record must be sufficient to lead a rational trier of fact to find for the non-moving party.” 2 Tursi has not made the required showing. Accordingly, we affirm.

The district court properly analyzed the presumption of consideration under California Civil Code § 1614. Lane introduced sufficient evidence to make the presumption, which affects only the burden of production, disappear. 3 Thus, only two pieces of evidence support Tursi’s argument that consideration, and therefore a valid contract, existed: (1) a provision of the agreement that supports the possibility that Lawrence released Lane from a prior agreement; and (2) Ghoneum’s testimony that Lawrence either raised the issue of compensation at the January…