Haagen

MEMORANDUM **

Appellants Alexander and Betty Haagen (“the Haagens”) appeal the district court’s grant of summary judgment on their breach of contract claim and the award of *623 attorneys’ fees in favor of appellees Saks & Company (“Saks”).

We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the district court’s grant of summary judgment. See Brinson v. Linda Rose Joint Venture, 53 F.3d 1044, 1047 (9th Cir.1995). We reverse and remand for further proceedings. We recite only those facts essential to our analysis.

The Haagens have presented sufficient, undisputed evidence to establish as a matter of law that Saks breached two provisions of the lease agreement the parties entered into in 1995. First, the lease required Saks to keep “full and accurate books” including “all such cash register receipts with regard to gross sales and Net Sales” for three years. Saks breached this provision by failing to keep cash register tapes for September and December of 1997 and June of 1998 and by destroying cash register tapes after only thirteen months. Saks admits that it could not locate three months of cash register tapes and that it prematurely destroyed other tapes. The…