New Line Productions, Inc. v. Little Caesar Enterprises, Inc.

MEMORANDUM *

New Line Productions, Inc., and New Line Cinema Corp. (collectively, “New Line”) appeal the district court’s adverse grant of summary judgment in their diversity action against Little Caesar Enterprises, Inc. (“Little Caesars”) for breach of contract and related claims. We reverse the order granting summary judgment and remand for further proceedings. Because the facts are familiar to the parties, we *660 recount them only as necessary to explain our decision.

1. The fact that the signed document dated July 9, 1997 (the “July agreement”) includes the phrase “[t]his is not the contract,” does not establish as a matter of law that it is without binding effect. In Rennick v. O.P.T.I.O.N. Care, Inc., 77 F.3d 309 (9th Cir.1996), we found unenforceable a signed agreement that expressly stated: “[T]his letter of intent is of no binding effect on any party hereto.” Id. at 312 . The meaning of the assertedly comparable statement in this case is nowhere near as clear, particularly when considered in context: “This is not the contract, but will secure your plans and commitments to the project, and gives New Line Cinema, as well as Little Caesars, the approval to announce the…