James Brelsford, Plaintiff-appellant, v. Tci Cablevision of Oregon, Inc., an Oregon Corporation,defendant-appellee, 141 F.3d 1174 (9th Cir. 1998)

MEMORANDUM^* 

James Brelsford appeals pro se the district court's grant of summary judgment to TCI Cablevision, Inc. ("TCI") in Brelsford's breach of contract action alleging violations of the Cable Communications Policy Act of 1984, 47 U.S.C. § 532, and other conduct. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

We agree with the district court that Brelsford has not put forth any evidence that TCI breached the contract by violating federal law. TCI's actions, even viewed in the light most favorable to Brelsford, do not constitute violations of any provisions of the federal law governing cable operators.

Brelsford also bases his breach of contract claim on allegations regarding TCI's failure to give him notice that his program would be preempted and TCI's modification of his payment schedule. Even assuming these allegations are true, Brelsford has failed to submit any evidence that he suffered resulting injury. See Aluminum Co. of Am. v. National Marine Fisheries Serv., 92 F.3d 902, 904 (9th Cir. 1996) ("The nonmoving party ... must make a showing sufficient to establish ... the existence of [every] element essential to that party's case, and on which that party will bear the burden of proof at trial.") (internal quotations omitted).

We have also carefully examined Brelsford's other claims--breach of the implied duty of good faith and fair dealing, intentional interference with business relations, intentional interference with contract, fraud, and negligent misrepresentation. For the reasons stated by the district court in its order of May 15, 1996, we agree that summary judgment was properly granted as to those claims as well.

The judgment of the district court is AFFIRMED.¹