Jjco, Inc. v. Isuzu Motors America, Inc.

MEMORANDUM

JJCO, Inc. (“JJCO”) appeals the district court’s judgment, following a jury trial, in favor of Isuzu Motors America, Inc. (“Isuzu”) in JJCO’s diversity action alleging that Isuzu acted unlawfully when it ceased distributing motor vehicles in North America and offered its dealer JJCO the option of being a service-only dealer. JJCO also appeals from the district court’s denial of its motion to alter or amend the judgment. We have jurisdiction under 28 U.S.C. § 1291 . We affirm.

1. JJCO could be held to have waived its ability to contest the sufficiency of the evidence supporting the jury’s finding that JJCO did not pay a franchise fee, because JJCO omitted a significant amount of documents from its excerpts of record. See In re O'Brien, 312 F.3d 1135, 1137 (9th Cir.2002). Specifically, JJCO failed to include transcripts of Isuzu’s cross-examination of JJCO’s witnesses and direct examination of Isuzu’s witnesses in the excerpts of record. See also Syncom Capital Corp. v. Wade, 924 F.2d 167, 169 (9th Cir.1991) (per curiam) (appellant’s failure to provide trial transcripts and provision of only five of the thirty-five exhibits offered by appel-lee at trial, justified…