General Components, Inc. v. H.T. Components U.S.A., Inc.

Good Law
141 F. App'x 616
United States Court of Appeals for the Ninth CircuitAugust 4, 2005No. 03-17070California302 words

Opinion

Lead Opinion

MEMORANDUM **

Plaintiff General Components, Inc. (“Plaintiff’) here appeals the district court’s summary judgment in favor of H.T. Components, U.S.A., Inc. (“Defendant”) on its breach of contract claim. We review summary judgment de novo, see Buono v. Norton, 371 F.3d 543, 545 (9th Cir.2004), and affirm.

Because the facts are well known to the parties, it is unnecessary to recite them in detail here. In sum, Plaintiff contends that Defendant breached the parties’ proprietary products agreement by producing and selling a shipping cap and plug virtually identical to a product designed by Plaintiff and disclosed to Defendant pursuant to the proprietary products agreement.

Under California law, “[n]o damages can be recovered for a breach of contract which are not clearly ascertainable in both their nature and origin.” Cal. Civ.Code § 3301; see generally Grupe v. Glick, 26 Cal.2d 680 , 160 P.2d 832, 840 (1945) (discussing recoverability of lost profits as damages for breach of contract). In addition, to be recoverable, damages must be the direct result of the defendant’s breach of contract. See Automatic Poultry Feeder Co. v. Wedel, 213 Cal.App.2d 509 , 28 Cal.Rptr. 795, 799…

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