Chodos

MEMORANDUM *

In an earlier case, Chodos v. West Publishing Co., 292 F.3d 992 (9th Cir.2002), this Court held that West Publishing Co. (‘West”) breached its contract with Rafael Chodos when it refused to publish his manuscript on the law of fiduciary duties and that Chodos was entitled to restitution. 1 Chodos now appeals a jury verdict awarding him $300,000. We have jurisdiction under 28 U.S.C. § 1291 , and affirm.

I

Chodos’s main claim in this appeal is that the district court’s jury instruction on the proper method for measuring recovery in quantum meruit was erroneous under California law. 2 Jury instructions chal *473 lenged as misstatements of the law are reviewed de novo. Kennedy v. S. Cal. Edison Co., 268 F.3d 763 , 767 (9th Cir. 2001). Jurisdiction is based on diversity and substantive issues are governed by California law. See Vestar Dev. II, LLC v. Gen. Dynamics Corp., 249 F.3d 958, 959 (9th Cir.2001).

In California, “[t]he measure of recovery in quantum meruit is the reasonable value of the services rendered, provided they were of direct benefit to the defendant.” Palmer v. Gregg, 65 Cal.2d 657, 660 , 56 Cal.Rptr. 97 , 422 P.2d 985 (1967); Maglica v. Maglica, 66…