Northern California Collection Services Inc. v. Central Sierra Construction Inc.

Good Law
370 F. App'x 774
United States Court of Appeals for the Ninth CircuitMarch 8, 201008-17548California542 words

Opinion

Opinion

MEMORANDUM

Based on the record before us, Central Sierra Construction, Inc. (“Central Sierra”), failed to create a genuine issue of material fact regarding its claim that Pro Group Management, Inc. (“Pro Group”), made material misrepresentations.

First, the record does not raise a genuine issue of material fact as to whether Pro Group told Central Sierra that Pro Group’s insurance coverage fulfilled Central Sierra’s workers compensation obligations under California state law. The Whitfield affidavit dated July 23, 2008, which is the only evidence adduced by Central Sierra to support this point, is conclusory and completely devoid of specificity. It fails to give the context in which Pro Group’s alleged representation occurred or any details regarding the identity of the persons involved in this alleged representation to Central Sierra. Because the affidavit provides only a “skeletal set of bland allegations,” it is insufficient to create a genuine issue of material fact. Schroeder v. McDonald, 55 F.3d 454 , 460 n. 12 (9th Cir.1995) (quotation marks omitted); see Villiarimo v. Aloha Island Air, Inc., 281 F.3d 1054, 1061 (9th Cir.2002).

Second, Central Sierra failed to adduce…

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