Kalitta Air, L.L.C. v. Central Texas Airborne Systems Inc.

MEMORANDUM *

We address here whether, under California law, a plaintiff who is not in privity with the defendant may recover purely economic loss in actions for negligent performance of services and negligent misrepresentation. We must apply California law as we believe the California Supreme Court would apply it. Gravquick A/S v. Trimble Navigation Int’l Ltd., 323 F.3d 1219 , 1222 (9th Cir.2003). We affirm in part, reverse in part, and remand.

Appellant and Cross-Appellee, Kalitta Air, L.L.C. (“Kalitta”), brought claims of negligence and negligent misrepresentation against Appellee and Cross-Appellant, Central Texas Airborne Systems, Inc. (“Texas Airborne”). After a jury trial resulted in a mistrial, the district court granted Texas Airborne’s renewed motion for Judgment as a Matter of Law (“JMOL”) as to Kalitta’s negligence claim, and denied Texas Airborne’s JMOL motion as to Kalitta’s negligent misrepresentation claim. Kalitta appeals and Texas Airborne cross-appeals. We have jurisdiction over this interlocutory appeal pursuant to 28 U.S.C. § 1292 (b).

We review de novo the district court’s grant or denial of a renewed motion for judgment as a matter of law. Pavao v. Pagay,…