Sun Pacific Marketing Cooperative, Inc. v. DiMare Fresh, Inc.

MEMORANDUM

Sun Pacific Marketing Cooperative, Inc. appeals from the district court’s decision holding that Sun Pacific breached its contract with DiMare Fresh, Inc. and awarding damages to DiMare. The district court found that Sun Pacific’s packing records were unreliable, and that Sun Pacific therefore had not met its burden of prov ing a product shortage, as would be necessary to invoke the contract’s Act of God clause. The district court further found that, to the extent DiMare agreed to modify the contract, it did so while explicitly reserving its right to contest the invocation of the Act of God clause. We review de novo the district court’s conclusions of law, including interpretation of contracts and statutes, and we review findings of facts for clear error. Doe I v. Wal-Mart Stores, Inc., 572 F.3d 677, 681 (9th Cir.2009); Husain v. Olympic Airways, 316 F.3d 829, 835 (9th Cir.2002).

The district court did not err by holding that Sun Pacific breached the contract. Neither party contests the district court’s interpretation that “there was a ‘product shortage’ of a category of tomato when Sun Pacific did not pack enough to fulfill the Contract quantities.” Sun Pacific’s…