Didomenico

MEMORANDUM *

Louis Didomenico, doing business as Quality Consultants, appeals the district court’s summary judgment dismissal of Didomenico’s action to recover under North American Construction Corporation’s Miller Act payment bond. We have jurisdiction pursuant to 28 U.S.C. § 1291 and review the district court’s grant of summary judgment de novo. Oliver v. Keller, 289 F.3d 623, 626 (9th Cir.2002). We affirm.

Because the parties are familiar with the facts of this case, we recite them only as necessary to this decision.

Didomenico argues that the district court erred in holding that penalties and attorneys’ fees allowed in Cal. Bus. & Prof. Code § 7108.5 are not “sums justly due” under the Miller Act, 40 U.S.C. §§ 270b(a) (2001). 1 However, federal law, not state law, determines the remedies under the Miller Act. F.D. Rich Co. v. Indus. Lumber Co., 417 U.S. 116, 127 , 94 S.Ct. 2157 , 40 L.Ed.2d 703 (1974); United States ex rel. Walton Tech., Inc. v. Weststar Eng’g, Inc., 290 F.3d 1199, 1206 (9th Cir.2002). Because the contract in this case did not provide for fees or penalties, Didomenico was not entitled to attorneys’ fees or penalties as “sums justly due” under the Miller…