Romero

*339 MEMORANDUM *

Plaintiff Julio Romero (“Romero”) appeals from the district court’s judgment dismissing the complaint. Romero complained that defendant Northwest Area Foundation (“the Foundation”), by aborting the process of planning a poverty reduction program in the Yakima Valley area of Washington, breached its contract with Romero and others similarly situated, violated the Washington Consumer Protection Act (“WCPA”), and is subject to promissory estoppel and quantum meruit equitable remedies.

The district court reconceptualized the action as an attempt to enforce a constructive charitable trust for the benefit of the Yakima Valley community, although the plaintiff did not originally ask for such enforcement. In so doing, the court made short work of the breach of contract and quantum meruit claims, and did not address at all the promissory estoppel and WCPA claims, although it dismissed the entire complaint. The recharacterization of the action was improper. Nevertheless, all the claims save promissory estoppel are properly dismissed. We reverse and remand for development of the record on the promissory estoppel claim.

Romero’s breach of contract claim fails because no…