Doyle

Yu-Hwa Pa v. Doyle

Good Law
240 F. App'x 757
United States Court of Appeals for the Ninth CircuitJuly 11, 2007No. 05-16451California754 words

Opinion

Lead Opinion

MEMORANDUM *

Yu-Hwa Pa appeals the district court’s partial grant of summary judgment in favor of Defendants Larry Doyle (“Doyle”) and San Francisco Bay Area Rapid Transit District (“BART”). The facts and procedural history of this case are known to the parties, and we repeat them here only as necessary. We review the district court’s grant of partial summary judgment de novo, King Jewelry, Inc. v. Fed. Express Corp., 316 F.3d 961, 963 (9th Cir.2003), reviewing the evidence in the light most favorable to the nonmoving party and determining whether there are any genuine issues of material fact and whether the district court correctly applied the relevant substantive law. Olsen v. Idaho State Bd. of Med., 363 F.3d 916 , 922 (9th Cir.2004). Because we find that the district court did not err in granting summary judgment, we AFFIRM.

First, the scope of the release here clearly encompasses all claims and potential claims, including any claims Pa might bring under 42 U.S.C. § 1983 . Pa argues that under California law, the scope of a release is always a question of fact that must be left to the jury and that evidence of a party’s intent to release unknown claims must be extrinsic to…

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