Wilson
Wilson v. Avemco Insurance
Opinion
Lead Opinion
*929 MEMORANDUM **
Claude J. Wilson, a commercial pilot, appeals pro se the district court’s summary judgment in his diversity action alleging age discrimination in Avemco Insurance Company’s (“Avemco”) terms for issuing him aviation insurance. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Pool Water Prods. v. Olin Corp., 258 F.3d 1024 , 1034 (9th Cir. 2001), and we affirm in part, vacate in part, and remand.
The district court properly granted summary judgment on Wilson’s claims under California’s Cartwright Act, Cal. Bus. & Prof.Code §§ 16721 & 16750, and his claim for restraint of trade, 1 because he failed to state an anti-trust injury. See Knevelbaard Dairies v. Kraft Foods, Inc., 232 F.3d 979, 985-91 (9th Cir.2000) (discussing requirements for anti-trust claim under California law). Wilson neither alleged, nor submitted evidence of, an injury to competition but merely an injury to his business stemming from Avemco’s rejection of his desired policy terms. See id. at 985 (stating purpose of Cartwright Act is to promote competition and prevent monopolies or other agreements that restrain free trade) (citation omitted); Quelimane Co. v. Stewart Title…