Angela Hobson v. Hsc Real Estate Inc

FILED

NOT FOR PUBLICATION MAY 22 2012

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

ANGELA D. HOBSON; ADERUS D. No. 11-35311

MILAN,

D.C. No. 2:09-cv-00361-RSM Plaintiffs - Appellants,

v. MEMORANDUM *

HSC REAL ESTATE, INC.,

Defendant - Appellee.

Appeal from the United States District Court for the Western District of Washington Ricardo S. Martinez, District Judge, Presiding

Argued and Submitted May 11, 2012 Seattle, Washington

Before: HAWKINS, BYBEE, and BEA, Circuit Judges.

Angela Hobson (“Hobson”) and Aderus Milan (“Milan”) appeal the district

court’s grant of summary judgment in their housing discrimination action brought

under 42 U.S.C. § 1981 and related Washington state law claims. Reviewing the grant

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. of summary judgment de novo, Las Vegas Sands, LLC v. Nehme, 632 F.3d 526, 532

(9th Cir. 2011), we affirm in part, reverse in part, and remand for further…

Angela Hobson (“Hobson”) and Aderus Milan (“Milan”) appeal the district court’s grant of summary judgment in their housing discrimination action brought under 42 U.S.C. § 1981 and related Washington state law claims. Reviewing the grant of summary judgment de novo, Las Vegas Sands, LLC v. Nehme, 632 F.3d 526, 532 (9th Cir.2011), we affirm in part, reverse in part, and remand for further proceedings.

1. Section 1981 Claims

In discrimination cases, “very little evidence” is required for plaintiffs to survive summary judgment, since “the ultimate question is one that can only be resolved through a ‘searching inquiry* — one that is most appropriately conducted by the fact-finder, upon a full record.” Metoyer v. Chassman, 504 F.3d 919, 930 (9th Cir. 2007) (internal quotation marks omitted). One way a plaintiff alleging discrimination can defeat a motion for summary judgment is by producing direct evidence demonstrating that a discriminatory reason more likely than not motivated the defendant. McGinest v. GTE Serv. Corp., 360 F.3d 1103, 1122 (9th Cir.2004).

The property manager’s statements about Milan’s anticipated exit from the apartment evince racial animus bearing a sufficient…

concurring in part and dissenting in part.

I would affirm the judgment in its entirety for the reasons stated by the district court.