Gass

Gass v. CWCapital LLC

Good Law
150 F. App'x 605
United States Court of Appeals for the Ninth CircuitSeptember 16, 2005No. 04-35167California480 words

Opinion

Lead Opinion

MEMORANDUM **

H. Stanley Gass and Ute Lindsay Gass appeal pro se the district court’s denial of their second motion to reconsider the dismissal of a promissory estoppel claim, denial of their motion for leave to file a second amended complaint, and grant of summary judgment on the claim of negligent misrepresentation in connection with the brokerage of a mortgage loan. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review for abuse of discretion *607 the denial of a motion to reconsider, see Herbst v. Cook, 260 F.3d 1039, 1044 (9th Cir.2001), and a motion for leave to amend, see Chodos v. West Publ’g Co., 292 F.3d 992, 1003 (9th Cir.2002). We review de novo the grant of summary judgment. See Delta Sav. Bank v. United States, 265 F.3d 1017 , 1021 (9th Cir.2001). We affirm.

Appellants contend that appellee negligently misrepresented the amount of cash appellants would need at closing in order to borrow through appellee the funds necessary to construct an apartment complex. The district court correctly noted that the hypothetical financial scenario that appellee prepared, and that appellants relied upon to support their claim of promissory estoppel, was unsigned, subject to…

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