HALPERN v. THARALDSON (2018)

MEMORANDUM **

In this contract action, Jason Halpern appeals from a grant of summary judgment in favor of Gary Tharaldson on Halpern’s anticipatory repudiation claim. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Glenn v. Wach. Cty., 673 F.3d 864, 870 (9th Cir. 2011), and affirm.

Halpern had the option, upon payment of a specified sum of money, to enter a joint venture with Tharaldson. It is undisputed, however, that Halpern never exercised his option or tendered any payment thereunder. Accordingly, he failed to satisfy the condition precedent to his participating in a joint venture, and thus, under the facts of this case, the district court did not err in granting Tharaldson’s motion for summary judgment. See 135 E. 57th St. LLC v. Daffy’s Inc., 91 A.D.3d 1, 934 N.Y.S.2d 112, 115 (2011) (option itself does not create interest in subject of option contract; no rights accrue until option is exercised).

Tharaldson’s motion to strike (Dkt. #40) is denied as moot.

AFFIRMED.