Peroulis

MEMORANDUM **

Paul Kozak, aka Zachary Kriston, appeals pro se from the district court’s summary judgment in favor of Tony Peroulis on Peroulis’s claims for embezzlement, breach of contract, breach of the implied covenant of good faith and fair dealing, and alter ego liability. We have jurisdiction under 28 U.S.C. § 1291 . We review *729 de novo the district court’s grant of summary judgment, Morrison v. Hall, 261 F.3d 896, 900 (9th Cir.2001), and we affirm.

The grant of summary judgment did not deprive Kriston of his Seventh Amendment right to a jury trial. See Johnson v. Neilson (In re Slatkin), 525 F.3d 805, 811 (9th Cir.2008) (“As the Supreme Court held, over one hundred years ago, a summary judgment proceeding does not deprive the losing party of its Seventh Amendment right to a jury trial.”).

Contrary to Kriston’s contentions, the question of whether Peroulis was a “creditor” is not a genuine issue of material fact precluding summary judgment because status as a “creditor” is not an element of a cause of action for embezzlement, breach of contract, breach of the implied covenant of good faith and fair dealing, or alter ego and “reverse” piercing of the corporate veil. See…