Dewing
Dewing v. MTR Gaming Group, Inc.
Opinion
Lead Opinion
*656 MEMORANDUM **
Plaintiff Bruce Edward Dewing (“Dewing”) brought this suit against defendant MTR Gaming Group, Inc. (“MTR”) alleging breach of contract, breach of the duty of good faith and fair dealing, and intentional infliction of emotional distress. The district court granted MTR’s motion to dismiss for failure to state a claim, holding that the parol evidence rule would prevent Dewing from proving that MTR had undertaken an obligation to register his stock options.
We review de novo the district court’s dismissal. Transmission Agency of Cal. v. Sierra Pac. Power Co., 295 F.3d 918, 927 (9th Cir.2002). Dismissal of a complaint pursuant to Fed.R.Civ.P. 12(b)(6) is proper only when the “plaintiff can prove no set of facts in support of [his] claim which would entitle [him] to relief.” Lewis v. Tel. Employees Credit Union, 87 F.3d 1537 , 1545 (9th Cir.1996).
1. We reverse the dismissal of Dewing’s contract claims. The parol evidence rule prohibits the introduction of evidence of prior and contemporaneous oral agreements or negotiations that vary or contradict the terms of a written agreement. See Kaldi v. Farmers Ins. Exch., 117 Nev. 273 , 21 P.3d 16, 21-22 (2001). It does…