DeMendoza

MEMORANDUM

Bruce Huffman, William Huffman, and Evelene Huffman (“the Huffmans”) appeal the district court’s judgment following a jury verdict against them on counterclaims for wrongful use of civil proceedings and fraudulent transfer of real property. The parties are aware of the facts and we will not repeat them here. We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 and we affirm.

The Huffmans contend that the district court erred when it directed a verdict on the probable cause element of DeMendoza’s and Mendoza’s (“Plaintiffs”) claim for wrongful use of civil proceedings. The Huffmans are incorrect in their assertion that their request for leave to present expert testimony on probable cause was denied. The Huffmans did not make an offer of proof at trial concerning such a witness or the substance of what the witness would have testified. Thus, they waived the right to assert this as error. See Heyne v. Caruso, 69 F.3d 1475, 1481 (9th Cir.1995).

Moreover, the district court did not err when it determined that Bruce Huffman lacked probable cause when he initiated civil proceedings against the Plaintiffs. Under Oregon law, the existence of the element…