Folex Golf Industries, Inc. v. O-Ta Precision Industries Co.

MEMORANDUM

Folex Golf Industries, Inc., appeals the district court’s grant of summary judgment in favor of O-TA Precision Industries Co., Ltd., as to Folex’s Fourth, Sixth, Seventh, and Tenth Causes of Action. Fo-lex also appeals the district court’s award of attorneys’ fees to O-TA. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We reverse and remand for further proceedings, and vacate the award of attorneys’ fees to O-TA.

We review the district court’s grant of summary judgment de novo, construing the facts in the light most favorable to the nonmoving party and drawing all reasonable inferences in that party’s favor. See Earl v. Nielsen Media Research, Inc., 658 F.3d 1108, 1112 (9th Cir.2011). The district court erred in concluding as a matter of law that Folex had actual knowledge in 2005 of its claims against O-TA. Although there was some evidence indicating that Folex was aware that commissions were not being paid in 2005, there was other evidence supporting the conclusion that Folex had no reason to believe that it had legitimate claims against O-TA or Luoy-ang Ship Material Research Institute (“LSMRI”).

LSMRI wrote to Folex on December 31, 2005, representing that it…