Tom Trading, Inc. v. Better Blue, Inc.

*735 MEMORANDUM *

Tom Trading, Incorporated (“Tom Trading”) appeals the district court’s grant of summary judgment and judgment on the pleadings in favor of Appellees. Tom Trading failed to raise a material question of fact regarding its breach of contract claim. The defendants are entitled to judgment as a matter of law on the balance of Tom Trading’s claims. Accordingly, we AFFIRM.

We review the district court’s grant of summary judgment de novo. Botosan v. Paul McNally Realty, 216 F.3d 827, 830 (9th Cir.2000). We must determine whether the evidence, when viewed in a light most favorable to the nonmoving party, raises any genuine issues of material fact. Regula v. Delta Family-Care Disability Survivorship Plan, 266 F.3d 1130, 1138 (9th Cir.2001). Judgment on the pleadings is proper when, taking all the allegations in the pleadings as true, the moving party is entitled to judgment as a matter of law. Honey v. Distelrath, 195 F.3d 531, 532-33 (9th Cir.1999).

Moisés Yohros (“Moisés”), owner of Casel Enterprises, Inc. (“Casel”), entered into a ten-year exclusive Distribution Agreement with Bongo Jeans (“Bongo”). Michael Caruso signed the Distribution Agreement on behalf of Bongo,…