Mechanical Marketing, Inc. v. Sixxon Precision MacHinery Co..

MEMORANDUM

Mechanical Marketing, Inc. (MMI) appeals the district court’s grant of summary judgment in favor of Sixxon Precision Machinery Co. (Sixxon). MMI argues that the district court erred in holding that there was no genuine issue of material fact regarding MMI’s claims for breach of contract, breach of the covenant of good faith and fair dealing, and fraud. We have jurisdiction under 28 U.S.C. § 1291 , and we reverse and remand.

“We review the grant of summary judgment de novo.” Buono v. Norton, 371 F.3d 543, 545 (9th Cir.2004). Summary judgment is warranted only when, viewing the evidence in the light most favorable to the adverse party, “there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a); see also Addisu v. Fred Meyer, Inc., 198 F.3d 1130, 1134 (9th Cir.2000).

MMI alleges that Sixxon breached an oral contract that Arnold Dolgins, a founder of MMI, entered into with Billy Lin, Sixxon’s president and CEO, in 2005. According to Mr. Dolgins’s declaration and deposition, the terms of this agreement included that “Sixxon would pay MMI a commission on all sales made by any company within the…