Paramount Farms International LLC v. Ventilex B.V.

Good Law
500 F. App'x 586
United States Court of Appeals for the Ninth CircuitNovember 21, 201211-15518, 11-15670California945 words

Opinion

Opinion

MEMORANDUM

Paramount Farms International LLC appeals the district court’s decision dismissing its ostensible authority and implied warranty claims as legally insufficient, and excluding certain testimony elicited from a compound question and hearsay evidence. “We review the district court’s conclusions of law following a bench trial de novo and its findings of fact for clear error.” Navajo Nation v. U.S. Forest Serv., 535 F.3d 1058, 1067 (9th Cir.2008) (en banc); see also Price v. U.S. Navy, 39 F.3d 1011, 1021 (9th Cir.1994) (“In reviewing a judgment following a bench trial, this court reviews the district court’s findings of fact for clear error and its legal conclusions de novo. The same standard applies to the district court’s involuntary dismissal of a claim under Rule 52(c).” (internal citations omitted)). We review the district court’s evidentiary rulings for “abuse of discretion, and the appellant is additionally required to establish that the error was prejudicial.” Tritchler v. Cnty. of Lake, 358 F.3d 1150, 1155 (9th Cir.2004). ‘When the trial court excludes evidence, failure to make a timely invocation of the grounds for the admission of the evidence renders the issue…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.