Moon

ORDER GRANTING IN PART AND DENYING IN PART MOTIONS FOR SUMMARY JUDGMENT

Plaintiff and Counter-Defendant Moon and Defendants Rush, Habib, and McKen-na (collectively the “Defendants”) each move for summary judgment on claims one through five in Plaintiffs Complaint (“Compl.”). Defendants also seek summary judgment on the six remaining claims in the Complaint. Counter-Claimant Rush seeks summary judgment on all three claims in his Second Amended Counterclaim (“Countercl.”).

I. LEGAL STANDARD

A party seeking summary judgment bears the initial burden of demonstrating the absence of a genuine issue of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323 , 106 S.Ct. 2548 , 91 L.Ed.2d 265 (1986). “A fact is ‘material’ when ... it could affect the outcome of the case.” Thrifty Oil Co. v. Bank of Am. Nat’l Trust & Sav. Ass'n, 322 F.3d 1039, 1046 (9th Cir.2003) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 , 106 S.Ct. 2505 , 91 L.Ed.2d 202 (1986)). An issue of material fact is “genuine” when “the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” Anderson, 477 U.S. at 248 , 106 S.Ct. 2505 .

If the movant satisfies its “initial…