Tzu Chien Chen v. Thomas & Betts Corp.

MEMORANDUM **

The facts and procedural posture of the case are known to the parties, and we do not repeat them here.

At the pre-trial conference, the district court dismissed pro per plaintiff Tzu Chien Chen’s unfair business practice claims under Cal. Bus. & Prof.Code § § 17200 et seq. and 17500 et seq. pursuant to a Fed. R.Civ.P. 52(c) motion made by defendant Thomas & Betts Corporation (“T&B”). After a subsequent bench trial on Chen’s two remaining causes of action for breach of a foreign distribution contract and breach of the implied covenant of good faith and fair dealing, and on T&B’s counterclaim for rescission, the district court entered judgment against Chen and in favor of T&B on each of those claims. Chen now appeals with respect to the § 17200 cause of action and the claims that went to trial. We affirm the judgment of the district court.

Rule 52(c), on its face, applies only to entry of judgment after a party “has been fully heard on an issue” “during ” a non-jury trial. We decline to extend its meaning beyond that context. We further reject T&B’s argument that Chen has waived his right to claim procedural error. Nevertheless, the district court’s order dismissing…