Continental Casualty Co. v. Enodis Corp.

MEMORANDUM **

Following a bench trial, Defendants/Counter-Claimants Continental Casualty Company and Transportation Insurance Company (collectively “CNA”) appeal from the district court’s ruling that they could not recover money damages on their equitable claims for declaratory relief and unjust enrichment. Continental also appeals from the district court’s denial of its motion for leave to add a claim for breach of contract to its counter-claim. Plaintiff Enodis Corporation appeals the district court’s summary judgment rulings limiting the amount of consequential damages that Enodis could pursue in its breach of contract claims and finding in favor of CNA on Enodis’s claim for breach of implied covenant of good faith and fair dealing. Enodis also appeals from the district court’s finding at trial that it was not entitled to attorney’s fees for engaging counsel to provide a defense in another action after CNA refused. We have jurisdiction pursuant to 28 U.S.C. § 1291 .

I.

We review the denial of a motion for leave to amend a complaint for abuse of discretion. See Zivkovic v. S. Cal. Edison Co., 302 F.3d 1080, 1087 (9th Cir.2002). Leave to amend may be denied if, among other…