Kensington Apartment Properties, LLC v. Loanvest Ix, Lp

FILED

NOT FOR PUBLICATION

APR 25 2025

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

KENSINGTON APARTMENT Nos. 23-3294

PROPERTIES, LLC, 24-1258

Plaintiff-Appellee / D.C. No. Cross-Appellant, 3:19-cv-05749-VC

v.

LOANVEST IX, LP; SOUTH BAY REAL MEMORANDUM*

ESTATE COMMERCE GROUP,

LLC; GEORGE CRESSON III,

Defendants-Appellants / Cross-Appellees.

Appeal from the United States District Court for the Northern District of California Vince Chhabria, District Judge, Presiding

Argued and Submitted April 7, 2025 San Francisco, California

Before: S.R. THOMAS, PAEZ, and MILLER, Circuit Judges.

Loanvest IX, L.P. (“Loanvest”), South Bay Real Estate Commerce Group

LLC, and George Cresson III (collectively, “Defendants”), appeal the district

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. court’s judgment in favor of Kensington Apartment Properties (“Kensington”).

Kensington cross-appeals the district court’s denial of…