Highwire Promotions, LLC v. Legend Marketing LLC

MEMORANDUM **

Highwire Promotions, LLC (“Highwire”) appeals the district court’s grant of partial summary judgment in favor of Legend, Inc. (“Legend”). The district court concluded that Highwire failed to create a genuine issue of material fact as to whether Legend had “reason to foresee,” when the parties contracted for the manufacture of 7,000 Playstation logo baseball hats, that a breach by Legend could result in Highwire losing its entire business relationship with Sony Computer Entertainment America, Inc. (“Sony”). Because Highwire voluntarily dismissed its remaining claims with prejudice, we have jurisdiction under 28 U.S.C. § 1291 . See Concha v. London, 62 F.3d 1493, 1506-08 (9th Cir.1995). 1 We affirm.

The district court properly granted partial summary judgment in favor of Legend on Highwire’s claim for consequential damages. Under California law, such damages “are those losses that do not arise directly and inevitably from any similar breach of any similar agreement. Instead, they are secondary or derivative losses arising from circumstances that are particular to the contract or to the parties.” Lewis Jorge Constr. Mgmt., Inc. v. Pomona Unified Sch. List., 34 Cal.4th…