Boise Tower Associates, LLC v. Washington Capital Joint Master Trust

MEMORANDUM **

Boise Tower Associates (“BTA”) appeal the district court’s decision granting summary judgment in favor of Washington Capital Joint Master Trust and the other defendants (“WCM”). The parties are familiar with the facts and arguments and they need not be described in this memorandum.

A district court’s grant of summary judgment is reviewed de novo. Golden Gate Restaurant Ass’n v. City & County of San Francisco, 512 F.3d 1112, 1116 (9th Cir.2008). We “may affirm on any ground supported by the record.” Dietrich v. John Ascuaga’s Nugget, 548 F.3d 892, 896 (9th Cir.2008).

When the undisputed facts are viewed in the light most favorable to BTA, it is clear that BTA breached the contract between BTA and WCM by failing to fulfill a condition precedent to the contract.

As the district court did, we assume without deciding that WCM anticipatorily breached the contract with BTA by asserting that, under the original contract, Mortenson was required to be party to a labor union contract under the original contract. We conclude, however, that WCM effectively nullified any repudiation when it offered to extend the loan closure date in early January 2002 and BTA accepted the…