Notrica v. Federal Deposit Insurance Corporation

2 F.3d 961 Leon NOTRICA, Plaintiff-Appellant-Cross-Appellee, v. FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver of Vernon Savings and Loan Association, FSA, Defendant-Appellee-Cross-Appellant. Nos. 92-55236, 92-55939. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 13, 1993. Decided Aug. 17, 1993. Carolyn Chapman, San Diego, CA, for plaintiff-appellant-cross-appellee. Dan Woods, Brobeck, Phleger & Harrison, Los Angeles, CA, for defendant-appellee-cross-appellant. Appeal from the United States District Court for the Southern District of California. Before WOOD, Jr. * , REINHARDT, and RYMER, Circuit Judges. RYMER, Circuit Judge: 1 Leon Notrica appeals the district court's grant of summary judgment in favor of the Federal Deposit Insurance Corporation ("FDIC"). Notrica contends that the district court incorrectly determined that there are no triable issues of material fact with respect to either Notrica's claim that his security interest in a parcel of real property is senior to a lien held by the FDIC, or his claim that the FDIC is liable to him for the balance due on a promissory note executed by Notrica and a third party. The FDIC appeals the…