Michael Sattari v. Citimortgage, Inc.

Good Law
471 F. App'x 627
United States Court of Appeals for the Ninth CircuitMarch 7, 201211-15763California280 words

Opinion

Opinion

MEMORANDUM

Michael Sattari appeals pro se from the district court’s summary judgment in his diversity action alleging fraud and deceptive trade practices under Nevada law. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Universal Health Servs., Inc. v. Thompson, 363 F.3d 1013 , 1019 (9th Cir.2004), and we affirm.

The district court properly granted summary judgment on Sattari’s claims for fraud and deceptive trade practices because Sattari failed to raise a genuine dispute of material fact as to whether CitiMortgage made any false representation that he justifiably relied on. See Nev.Rev. Stat. § 598.0915(15) (consumer fraud under Nevada’s Deceptive Trade Practices Act encompasses deceptive practices, including knowingly making a “false representation in a transaction”); id. § 598.0917; Villiarimo v. Aloha Island Air, Inc., 281 F.3d 1054, 1061 (9th Cir. 2002) (uncorroborated and self-serving testimony does not raise a genuine dispute of fact); J.A. Jones Constr. Co. v. Lehrer McGovern Bovis, Inc., 120 Nev. 277 , 89 P.3d 1009, 1018 (2004) (per curiam) (elements of fraud claim).

The district court did not abuse its discretion by denying in part Sattari’s…

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