Barbara Berry, S.A. de C.V. v. Ken M. Spooner Farms, Inc.

MEMORANDUM *

Barbara Berry, S.A. de C.V. (“Barbara Berry”), a Mexican corporation, appeals the district court’s grant of summary judgment in favor of Ken M. Spooner Farms, Inc. (“Spooner Farms”), a Washington state corporation, in Barbara Berry’s action to recover damages for breach of contract. We have jurisdiction under 28 U.S.C. § 1292 and we reverse the district court’s judgment and remand for further proceedings.

We review de novo a district court’s decision to grant a motion for summary *647 judgment. Buono v. Norton, 371 F.3d 543, 545 (9th Cir.2004). In evaluating the district court’s grant of summary judgment in favor of Spooner Farms, we view the evidence in the light most favorable to Barbara Berry. See Summers v. A. Teichert & Son, Inc., 127 F.3d 1150, 1152 (9th Cir.1997). We also review de novo the district court’s interpretation and application of treaty language. Ramsey v. United States, 302 F.3d 1074, 1077 (9th Cir. 2002).

The United Nations Convention on Contracts for the International Sale of Goods (“the CISG”) governs the formation of contracts for the sale of goods between parties whose places of business are located in different member states. CISG arts.…