Royal Kiefe v. Metropolitan Life Ins. Co

MEMORANDUM

Plaintiffs Royal Bradford Keife and Brenda J. Simon appeal the district court’s entry of summary judgment in favor of Defendant Metropolitan Life Insurance Company in Plaintiffs’ consolidated putative class action. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we AFFIRM.

We review a district court’s grant of summary judgment de novo. Fichman v. Media Ctr., 512 F.3d 1157, 1159 (9th Cir.2008). In the present case, Plaintiffs bring a sole cause of action against MetLife for breach of contract. “Under Nevada law, ‘the plaintiff in a breach of contract action [must] show (1) the existence of a valid contract, (2) a breach by the defendant, and (3) damage as a result of the breach.’ ” Rivera v. Peri & Sons Farms, Inc., 735 F.3d 892, 899 (9th Cir.2013), cert. denied, — U.S. -, 134 S.Ct. 2819 , 189 L.Ed.2d 785 (2014) (quoting Saini v. Int’l Game Tech., 434 F.Supp.2d 913, 919-20 (D.Nev.2006)).

Even assuming that MetLife breached the terms of the Federal Employees’ Group Life Insurance Policy by paying the death benefits due by way of a retained asset account instead of a lump-sum check, Plaintiffs have failed to present sufficient facts establishing that they have…