Automotive Global Technologies, Ltd. v. Sonnax Industries, Inc.
Opinion
Lead Opinion
MEMORANDUM **
Automotive Global Technologies, Ltd., (“AGT”) filed this action against Sonnax Industries, Inc., (“Sonnax”) alleging, inter alia, that Sonnax breached the terms of an agreement to purchase AGT’s subsidiary. 1 After a bench trial on this claim, the district court awarded some relief to each party, but refused to award AGT the remaining price on its purchase agreement. AGT appealed, and this court affirmed the latter ruling in an unpublished disposition, Auto. Global Techs., Ltd. v. Sonnax Indus., Inc., 134 Fed.Appx. 119 (9th Cir.2005). On remand, AGT proposed a judgment granting AGT the remainder of the purchase price, arguing that, even though our unpublished disposition affirmed the district court on this issue, it also contemplated that AGT was entitled to equipment-purchase credits as the balance of the purchase price under the agreement. In addition, AGT moved for attorney’s fees and costs under a fee-shifting clause in the agreement because it did obtain some relief on the merits of some claims. The district court rejected both of these arguments, and AGT brought this second appeal. We have jurisdiction pursuant to 28 U.S.C. § 1291 .