United States Ninth Circuit

Summary judgment was properly granted to defendant on claim of breach of contract to sell a building, because evidence could not support a finding that such a contract existed. Defendant is not entitled to damages for wrongful filing of a lis pendens notice, however, because plaintiff had substantial justification to bring its claim and could assert an estoppel argument in good faith.

Appellate Information

• Argued 10/09/2003
• Decided 12/31/2003
• Published 12/31/2003

Judges

• GOULD, Circuit Judge., Before TROTT, FISHER, and GOULD, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Eric C. Frimodt, Esq., Inslee Best Doezie & Ryder, Bellevue, WA, for Plaintiff-counter-defendant-Appellant., Larry J. Smith, Esq., Graham & Dunn PC, Seattle, WA, for Defendant-counter-claimant-Appellee.