David Everson v. David Everson

MEMORANDUM

Plaintiffs David K. Everson and Patricia M. Everson appeal pro se from the district court’s summary judgment for defendants in plaintiffs’ diversity action alleging 13 causes of action arising from a dispute concerning horses. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Universal Health Servs., Inc. v. Thompson, 363 F.3d 1013 , 1019 (9th Cir.2004), and we affirm.

The district court properly granted summary judgment on plaintiffs’ breach of contract claim because plaintiffs failed to raise a genuine dispute of material fact as to whether the condition precedent to the settlement agreement had been satisfied. See Yeazell v. Copins, 98 Ariz. 109 , 402 P.2d 541, 544 (1965) (no duty to perform where a condition precedent has not been fulfilled).

The district court properly granted summary judgment on plaintiffs’ abuse of process claim because plaintiffs failed to raise a triable dispute as to whether defendants brought their South Mountain Justice Court action primarily for an improper purpose. See Nienstedt v. Wetzel, 133 Ariz. 348 , 651 P.2d 876, 881 (Ariz.Ct.App.1982) (plaintiffs must prove “a willful act in the use of judicial process ... for an…