Pacific Bells Enterprises, Inc. v. U.S. Bank National Ass'n
Opinion
Lead Opinion
MEMORANDUM **
1. The district judge did not err in holding as a matter of law that Pacific *881 Bells, Inc. (“Pacific-Inc”) was a party to the easement. Although the easement language didn’t mention Pacific-Inc, all evidence showed that both parties understood that the phrase “accounts of Pacific or Kanekoa Enterprises, Inc.” included Paeific-Inc’s accounts. After the easement was signed, the banks waived fees on PacifieInc.’s accounts for four years. And when the present dispute first arose, US Bank included Pacific-Inc’s accounts on its list of accounts for which fees were waived under the agreement. [ER 338] See McCausland v. McCausland, 129 Wash.App. 390 , 118 P.3d 944, 951 (2005) (contract meaning can be established through “subsequent acts and conduct of the parties” (quoting Adler v. Fred Lind Manor, 153 Wash.2d 331 , 103 P.3d 773, 785 (2004) (en banc))). Because US Bank presented no evidence indicating a contrary mutual intent, judgment as a matter of law was proper on this point.
For largely the same reasons, the district judge didn’t err in refusing to grant US Bank judgment on the pleadings. See Bagley v. CMC Real Estate Corp., 923 F.2d 758, 760 (9th Cir.1991).