McDonald

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

PAMELA MCDONALD; KANYA 

COLEMAN,

Plaintiffs-Appellants, No. 06-16563 v. COLDWELL BANKER, Coldwell  D.C. No.

CV-03-03598-JL

Banker Real Estate Corporation

OPINION

FIRST SHASTA REALTY; THOMAS

GALLAGHER; RICHARD MATTIOLI,

Defendants-Appellees.  Appeal from the United States District Court for the Northern District of California James Larson, Magistrate Judge, Presiding

Argued and Submitted May 15, 2008—San Francisco, California

Filed September 10, 2008

Before: Diarmuid F. O’Scannlain and Michael Daly Hawkins, Circuit Judges, and James V. Selna,* District Judge.

Opinion by Judge O’Scannlain; Partial Concurrence and Partial Dissent by Judge Hawkins

*The Honorable James V. Selna, United States District Judge for the Central District of California, sitting by designation.

12653 12656 MCDONALD v. COLDWELL BANKER

COUNSEL

Steven J. Mehlman, Mehlman & TerBeek LLP, Walnut Creek, California, argued the cause for the plaintiffs- appellants and filed briefs; Marc L. Terbeek, and Timothy A. Walker, Mehlman & TerBeek LLP, Walnut Creek, California, were on the…