Ismail Shahata v. W Steak Waikiki, LLC

Good Law
494 F. App'x 729
United States Court of Appeals for the Ninth CircuitAugust 24, 201210-17438California1,223 words

Opinion

Opinion

MEMORANDUM

Ismail Shahata appeals pro se from the district court’s judgment in his action arising from the termination of his employment by W Steak Waikiki, Inc. (“W Steak”). We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

Shahata brought claims for breach of contract, promissory estoppel, infliction of emotional distress, invasion of privacy, and wrongful discharge. The district court granted summary judgment in favor of W Steak on all but the breach of contract and promissory estoppel claims. After a lengthy bench trial, the district court found W Steak entitled to judgment on the remaining claims.

I. Bench Trial

We review the district court’s findings of fact for clear error and its conclusions of law de novo. Husain v. Olympic Airways, 316 F.3d 829, 835 (9th Cir.2002).

Shahata’s breach of contract claim rested on the contention that W Steak promised him employment for one year. The district court found that Shahata’s employment agreement with W Steak was an at-will agreement which either party could terminate with or without cause. The district court also found that Shahata failed to prove he performed his duties adequately under the employment contract.…

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