Rich

Rich v. Outdoor Media Dimensions, Inc.

Good Law
183 F. App'x 655
United States Court of Appeals for the Ninth CircuitJune 6, 2006No. 04-16363California773 words

Opinion

Lead Opinion

MEMORANDUM *

Kimberly Rich appeals a jury verdict in favor of Outdoor Media Dimensions, Inc. (“OMD-NV”) awarding the company $340,000 for breach of contract and $300,000 for conversion. We conclude that her arguments on appeal are without merit, and we affirm.

The district court did not err by submitting the interpretation of the Stock Buy-Back Agreement and Independent Contractor Retainer Agreement (“Agreement”) to the jury. Under Nevada law, it is the province of the jury to determine the meaning of an ambiguous contract. See Ringle v. Bruton, 120 Nev. 82 , 86 P.3d 1032, 1039 (2004) (per curiam). Here, the Agreement was “reasonably susceptible to more than one interpretation.” Margrave v. Dermody Props., Inc., 110 Nev. 824 , 878 P.2d 291, 293 (1994). Either it imposed on OMD-NV legally distinct obligations to Herson and to Kim, severally, or it imposed on OMD-NV a unitary obligation to pay Kim for her share of the company, subject to the performance of certain duties by Herson. Therefore, the district court properly submitted the question of the contract’s meaning to the jury.

For the same reason, it was not error for the district court to reject appellant’s proffered jury…

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