
    Andy SABERI, Plaintiff-Appellant, v. SHELL OIL PRODUCTS; Equilon Enterprises, LLC, Defendants-Appellees.
    No. 05-15866.
    United States Court of Appeals, Ninth Circuit.
    Argued and Submitted March 13, 2007.
    Filed March 16, 2007.
    Philip Keith, Esq., Amen & Keith, San Francisco, CA, Thomas I. Saberi, Law Offices of William H. Paynter, San Francisco, CA, for Plaintiff-Appellant.
    Helen L. Duncan, Attorney, Dinh Ha, Esq., Fulbright & Jaworski, LLP, Los Angeles, CA, for Defendants-Appellees.
    Before: BRUNETTI, W. FLETCHER, and BEA, Circuit Judges.
   MEMORANDUM

As the district court correctly determined, Plaintiff’s declaration does not create a genuine issue of material fact as to whether Defendant promised to sell the service station within a particular time frame. Because Defendant performed as allegedly promised when it eventually sold the station to Plaintiff, the promissory fraud claim fails as a matter of law.

AFFIRMED. 
      
       This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.
     