Camarena

MEMORANDUM **

S.A.M.P./U.S.A, Inc. (“SAMP”) appeals a jury verdict finding SAMP in breach of contract and awarding damages to Frederick Camarena and F. Camarena, Inc. (“Camarena”). Camarena cross-appeals the district court’s failure to award prejudgment interest and dismissal of the fraud claims. We affirm in part and remand in part.

1. SAMP waived the argument that the district court erred by applying Arizona, rather than Maryland, law by failing to assert its choice-of-law argument until after the jury had rendered its verdict. Cf. C.N.R. Atkin v. Smith, 137 F.3d 1169, 1171 (9th Cir.1998).

2. Applying our highly deferential standard of review, Pavao v. Pagay, 307 F.3d 915, 918 (9th Cir.2002), we conclude that sufficient evidence existed to support the jury’s verdict. Although conflicting evidence was presented, “[i]t is the function of the jury, not of this court, to weigh conflicting evidence and judge the credibility of witnesses.” Transgo, Inc. v. Ajac *355 Transmission Parts Corp., 768 F.2d 1001 , 1024 (9th Cir.1985).

Similarly, given Camarena’s testimony that he was entitled to $77,000 under the contract, the jury’s calculation of damages is supported by substantial…