Younkin

MEMORANDUM *

Stevie Younkin appeals the district court’s grant of summary judgment to International Business Machines Corporation (IBM) in her action against it for breach of contract. She also appeals the district court’s application of res judicata to a second action that she filed against IBM. We affirm.

(1) We have conducted a de novo review of the record 1 and agree with the *888 district court that, despite YounMn’s earnest argument that she had a contract to receive more sick-leave benefits from IBM than she received, there was a dearth of evidence to support her contentions. As a result, there was no genuine dispute of material fact. See Fed.R.Civ.P. 56(c); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48 , 106 S.Ct. 2505, 2509-10 , 91 L.Ed.2d 202 (1986); Olsen v. Idaho State Bd. of Med., 363 F.3d 916 , 922 (9th Cir. 2004). In other words, on this record a reasonable jury could not find in her favor. See Liberty Lobby, 477 U.S. at 248-51 , 106 S.Ct. at 2510-11 .

(2) Once it granted summary judgment to IBM on Younkin’s first action, the district court applied the res judicata branch of California’s law regarding primary rights and claim splitting. 2 Application of…