Coker Equipment Co., Inc. v. Citiwest Structures (California), Inc.

MEMORANDUM

Coker Equipment Co., Inc. appeals the district court’s judgment, following partial summary judgment and a bench trial in favor of Citiwest Structures (California), Inc. Citiwest cross-appeals on the amount of its attorney fees and costs awarded. This court has jurisdiction under 28 U.S.C. § 1291 . We affirm in part, and reverse and remand in part for further proceedings.

I.

The district court did not err by granting Citiwest summary judgment on Coker’s breach of contract claim. We review the district court’s grant of summary judgment de novo. See Northrop Grumman Corp. v. Factory Mut. Ins. Co., 563 F.3d 777, 783 (9th Cir.2009).

Coker leased a crane to Citiwest, with an option to purchase, for use on the Pinnacle Museum Tower project. At issue is whether the district comb correctly interpreted the contract as providing for specified crane usage over the life of the lease term, rather than per month, and whether Citiwest exceeded its allotted usage. Coker contends that the contract unambiguously limits Citiwest’s basic usage to 250 hours monthly.

It is reasonable to interpret the contract to mean that 250 hours per month is the basis for the rental rate, not a…