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OKI AMERICA, INC. v. MICROTECH INTERN., INC.

No. 88-1561.

872 F.2d 312 (1989)

OKI AMERICA, INC., Plaintiff-Appellee, v. MICROTECH INTERNATIONAL, INC., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 7, 1989.

Attorney(s) appearing for the Case

Russell J. Hanlon, Berliner, Cohen & Biagini, San Jose, Cal., for defendant-appellant.

James E. Jackson, Cupertino, Cal., for plaintiff-appellee.

Before BROWNING, BEEZER and KOZINSKI, Circuit Judges.

PER CURIAM:

The trial court granted Oki summary judgment on Microtech's counterclaim for the bad faith denial of the existence of a contract. Microtech appeals, claiming a genuine dispute of material fact exists as to whether Oki denied the existence of the contract.

The elements of this tort are: (1) the denial of the existence of a contract (2) in bad faith, and (3) without probable cause. Seaman's Direct Buying Service, Inc. v. Standard Oil Co.,...

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