Eddy

MEMORANDUM *

Michael Alan Eddy (Eddy) appeals from the district court’s dismissal of his state law claims for breach of contract, fraud, and conspiracy to commit fraud against Radar Pictures, Inc. (Radar), Interscope Communications, Inc. (Interscope), and Warner Bros., Pictures (Warner Bros.), 1 as well as its grant of summary judgment on his action under § 301(a) of the Labor Management Relations Act of 1947 (LMRA), 29 U.S.C. § 185 (a), in favor of Radar, Interscope, Warner Bros, and the Writers Guild of America, West, Inc.(WGA). We affirm.

With respect to his claim for breach of the duty of fair representation, his LMRA § 301 claim, Eddy first argues that the district court applied an incomplete legal standard. Asserting that a participating writer investigation is ministerial in nature, Eddy contends that we should consider whether the WGA acted arbitrarily, not only whether it acted in bad faith or in a discriminatory manner. See Marino v. Writer’s Guild of Am., East, Inc., 992 F.2d 1480, 1486 (9th Cir.1993) (“[I]f the [union’s] conduct was procedural or ministerial, then the plaintiff may prevail if the union’s conduct was arbitrary, discriminatory, or in bad faith.…