Carsdirect.com

MEMORANDUM **

We review de novo orders granting summary judgment. Cusano v. Klein, 264 F.3d 936 , 945 n. 3 (9th Cir.2001). We may affirm such a judgment on any ground supported by the record, regardless of whether the district court relied upon it. Sicor Ltd. v. Cetus Corp., 51 F.3d 848 , 860 n. 17 (9th Cir.1995).

The district court based the portion of the summary judgment challenged by the *907 plaintiff on Montana law, which permits recovery for unjust enrichment only where no contract exists between the parties. See Maxted v. Barrett, 198 Mont. 81, 87, 643 P.2d 1161, 1164 (1982). Plaintiff faults the district court’s logic, pointing out that the defendant’s advertisements remained displayed after the contract between the parties expired; ergo, during the pertinent time in question, no contract between the parties existed.

Assuming, without deciding, that the district court’s reasoning is flawed in this regard, a vital issue is whether the defendant’s alleged enrichment was unjust or somehow secured by misconduct. See Brown v. Thornton, 150 Mont. 150, 156 , 432 P.2d 386, 390 (1967); Restatement (First) of Restitution § 1 cmt. c, and § 2 cmt. a (1937). The misconduct…