Project Management Systems, Inc. v. Welcom Software Technology Corporation

979 F.2d 855 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. PROJECT MANAGEMENT SYSTEMS, INC., Plaintiff-Appellant, v. WELCOM SOFTWARE TECHNOLOGY CORPORATION, Defendant-Appellee. No. 91-16290. United States Court of Appeals, Ninth Circuit. Submitted Nov. 6, 1992. * Decided Nov. 23, 1992. Before GOODWIN, FARRIS and PREGERSON, Circuit Judges. 1 MEMORANDUM ** 2 Project Management Systems, Inc. ("Project") acted as a dealer for Welcom Software Technology Corporation ("Welcom"). The district court granted summary judgment against Project on its claims of breach of contract and violation of California Business and Professional Code § 17200. We affirm. 3 Welcom and Project operated in the absence of a written dealership agreement. In August 1989, Welcom asked Project to sign its standard dealership agreement. Project responded with a counter-proposal which provided for post-termination commissions equal to Project's resale profits for a period of six months if Welcom were to…