Wireless Warehouse, Inc. v. Boost Mobile, LLC

MEMORANDUM

Wireless Warehouse, Inc. (WWI) appeals the district court’s order granting summary judgment to Boost Mobile, LLC (Boost) in WWI’s diversity action alleging false promise, intentional interference with prospective economic relations, promissory estoppel, and unfair competition in violation of Cal. Bus. & Prof.Code. § 17200, et seq. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

1. The district court did not abuse its discretion by overruling WWI’s evidentia-ry objections to the amended Attachment J to the Prepaid Wireless Product Agreement (PPA). The record supports the district court’s determination that the amended Attachment J was authentic because its contents “appear[ed] to be sufficiently genuine.” Orr v. Bank of Am., NT & SA, 285 F.3d 764 , 778 n. 24 (9th Cir.2002); see also Fed.R.Evid. 901(b)(4). The record likewise supports the admissibility of the amended Attachment J under the residual hearsay exception. Fed.R.Evid. 807(a).

2. The district court properly concluded that WWI’s claims are governed by Virginia law. Because Boost was a third party beneficiary of the PPA, Bugna v. Fike, 80 Cal.App.4th 229 , 95 Cal.Rptr.2d 161, 164 (Cal.Ct.App.2000),…