Supervalu Holdings Inc v. Richard Morris, Jr.
Opinion
Opinion
MEMORANDUM
Appellant Supervalu Holdings, Inc. (Supervalu) challenges the district court’s partial grant of summary judgment in favor of Appellees Richard R. Morris, Jr. and Richard A. Morris, and the district court’s denial of Supervalu’s motion for reconsideration. During negotiations for a new lease, Supervalu and Morris disputed the meaning of the undefined term “loan constant,” as utilized in an option provision in the new lease.
The district court did not abuse its discretion when it held that Supervalu’s hearsay evidence of the parties’ understanding of the meaning of “loan constant” was inadmissible. See In re Oracle Corp. Sec. Litig., 627 F.3d 376, 386 (9th Cir.2010) (“We cannot declare that the district court reached an illogical or implausible result by excluding apparent hearsay or documents without sufficient foundational support as the rules of evidence prescribe ... ”); see also Intermountain Fair Hous. Council v. Boise Rescue Mission Ministries, 657 F.3d 988, 998 (9th Cir.2011) (“Conelusory affidavits that do not affirmatively show personal knowledge of specific facts are insufficient to defeat summary judgment.”) (citation and alteration omitted).