Gomez

Gomez v. MasTec North America, Inc.

Good Law
284 F. App'x 517
United States Court of Appeals for the Ninth CircuitJuly 3, 2008Nos. 07-35045, 07-35067California1,116 words

Opinion

Lead Opinion

MEMORANDUM **

MasTec North America, Inc. (“MasTec”) appeals the entry of a $1,579,468.88 judgment in a breach of contract suit brought by a former employee, Richard Gomez. Gomez cross-appeals the district court’s grant of summary judgment on Gomez’s breach of contract claim against Renegade of Idaho, Inc. (“Renegade”), a MasTec affiliate. The district court applied Idaho law to the substantive issues in the case on the basis of diversity of citizenship jurisdiction under 28 U.S.C. § 1332 (a). Allstate Ins. Co. v. Hughes, 358 F.3d 1089, 1094 (9th Cir.2004). We have jurisdiction over the case pursuant to 28 U.S.C. § 1291 . Because the facts and procedural history of this case are known to the parties, we do not repeat them herein. We affirm the district court’s decision in its entirety.

(1) First, MasTec argues the district court erred in refusing to give MasTec’s proposed “meeting of the minds” instructions to the jury. We review the district court’s conclusion that the evidence did not support the proposed instructions for abuse of discretion. Desrosiers v. Flight Int’l of Fla. Inc., 156 F.3d 952 , 959 (9th Cir.1998). Both sides offered evidence at trial that they agreed Gomez…

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