CSC Consulting, Inc. v. Tosco Refining Co.

MEMORANDUM *

CSC Consulting, Inc. (“CSC”) appeals and Tosco Corp. and Tosco Refining Co. (collectively “Tosco”) cross-appeal the district court’s grant of summary judgment as to their respective claims and counterclaim. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

“We review de novo a grant of summary judgment and must determine whether, viewing the evidence in the light most favorable to the nonmoving party, there are any genuine issues of material fact and whether the district court correctly applied the relevant substantive law.” Lopez v. Smith, 203 F.3d 1122, 1131 (9th Cir.2000) (en banc). “The interpretation and meaning of contract provisions are questions of law reviewed de novo. A district court’s findings of fact are reviewed under the clearly erroneous standard.” Cariaga v. Local No. 1184 Laborers Int’l Union, 154 F.3d 1072 , 1074 (9th Cir.1998) (citation omitted).

I.

At issue in this case are the effects of two proposals to modify a consulting contract (“N443”), and the two subsequent change orders that purported to implement…