H.B. Filmes, Ltda v. CBS, Inc.

MEMORANDUM *

Appellants H.B. Filmes, Ltda., and Essay Films International, S.A., (collectively “H.B.”) contend that the District Court erred in granting Appellee CBS Broadcasting, Inc., (“CBS”) summary judgment as to a number of H.B.’s claims relating to distribution of the film Kiss of the Spider Woman (“Kiss”). We have jurisdiction to hear this appeal pursuant to 28 U.S.C. § 1291 . Because the parties are familiar with the facts and procedural history, they are not recited here except as necessary to explain our analysis. We reverse the District Court’s decision in part, affirm in part, and remand for further proceedings.

The decision to grant summary judgment is reviewed de novo. U.S. Cellular Inv. Co. of Los Angeles, Inc. v. GTE Mobilenet, Inc., 281 F.3d 929 , 933 (9th Cir. 2002). “The reviewing court must determine, viewing the evidence in the light most favorable to the nonmoving party, whether there are any genuine issues of material fact and whether the district court correctly applied the relevant law.” Id. at 933-34.

1. The Eleventh Claim for Breach of Contract

Although Cal.Civ.Proc.Code § 337 provides for a four-year statute of limitations on contract claims, a…