Alcalde

MEMORANDUM ***

Nancy Amparo Cueva and NAC Real Estate Investments (“NAC,” and, together *662 with Cueva, “Appellants”) appeal the district court’s grant of summary judgment. Cueva individually appeals the district court’s dismissal of her motion for relief from judgment. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

We review de novo the district court’s ruling on a motion for summary judgment. Lukovsky v. City and County of San Francisco, 535 F.3d 1044, 1047 (9th Cir. 2008). We must determine, viewing the evidence in the light most favorable to the nonmoving party, whether there are any genuine issues of material fact and whether the district court correctly applied relevant substantive law. Olsen v. Idaho State Bd. of Med., 363 F.3d 916 , 922 (9th Cir. 2004). We review for abuse of discretion a district court’s ruling on a motion under Fed.R.CivP. Rule 60(b). United States v. Asarco, Inc., 430 F.3d 972, 978 (9th Cir. 2005).

A claim for breach of contract under California law consists of the following elements: (1) the existence of a contract; (2) performance by the plaintiff; (3) breach by the defendant; and (4) damage resulting from the breach. First Comm.…