Reinsdorf

MEMORANDUM *

Judith Reinsdorf appeals the district court’s grant of summary judgment in favor of her brother, Jerry Reinsdorf. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. Because the parties are familiar with the facts, we will not recite them here.

The district court properly found that Judith’s declaration was a sham. 1 Her deposition testimony was clear, and it contradicted the statements she made in her declaration. Absent the declaration, nothing in the record creates a genuine issue of material fact precluding summary judgment. 2 Accordingly, we affirm.

AFFIRMED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

. The court's finding was one of fact, which we review for clear error. See Kennedy v. Allied Mut. Ins. Co., 952 F.2d 262, 267 (9th Cir.1991); United States v. Doe, 155 F.3d 1070, 1074 (9th Cir.1998) (enbanc).

. See Oliver v. Keller, 289 F.3d 623, 626 (9th Cir.2002).