National Management Services, Inc. v. Qwest Dex, Inc.

MEMORANDUM *

National Management Services, Inc. appeals the district court’s grant of summary judgment to Qwest Dex, Inc. We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm in part and reverse in part.

Because the parties are familiar with the facts, we do not recount them in detail *195except as necessary. We review the district court order granting summary judgment de novo. Oliver v. Keller, 289 F.3d 623, 626 (9th Cir.2002).

We reverse dismissal of the claim of improper payment of year 2000 commissions. The district court correctly recognized that performance of year 1999 sales could be…