Mayorga

MEMORANDUM ***

Robert Mayorga, an Oregon resident, was charged with violating an Oregon law that makes it illegal to transport certain quantities of liquor in Oregon unless the beverages are procured through the Oregon Liquor Control Commission (“OLCC”). Mayorga had purchased the offending liquor at a Costco warehouse store in Redding, California. He sued Costco for negligence and emotional distress, claiming that Costco failed to warn him about Oregon’s law. The district court granted Costco’s motion for summary judgment and denied Mayorga’s motion for leave to amend the complaint to add an indemnity claim. Mayorga appealed. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

We review the grant of a summary judgment motion de novo. Aguilera v. Baca, 510 F.3d 1161, 1167 (9th Cir.2007). The denial of a motion for leave to amend a complaint is reviewed for abuse of discretion. Lockheed Martin Corp. v. Network Solutions, Inc., 194 F.3d 980, 985-86 (9th Cir.1999).

Mayorga’s negligence claim fails as a matter of law. Under Oregon law the legal duty to warn arises only as to hazards that are not generally known and recognized, that is, that are not obvious. Fuhrer v.…