Maldonado

MEMORANDUM *

G.E. Capital Mortgage Services, Inc. (“G.E.”) appeals the district court’s grant of summary judgment in favor of defendants Cal-Western Reconveyance Corporation (“Cal-Western”) in its civil action alleging improper distribution of surplus funds following a non-judicial foreclosure sale of property. G.E. also appeals the district court’s sua sponte grant of summary judgment in favor of defendants Gabriel and Juanita Maldonado (the “Maldonados”) for breach of contract. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a district court’s grant of summary judgment. See Buono v. Norton, 371 F.3d 543, 545 (9th Cir.2004). We affirm the district court’s grant of summary judgment in favor of Cal-Western, and reverse the sua sponte grant of summary judgment in favor of the Maldonados.

The Maldonados’ property was encumbered by two deeds of trust and an IRS tax lien. The senior deed was executed in favor of the United Savings Bank (“United Savings”), and the junior deed in favor of Becker Mortgage, of which Travelers Mortgage Services, Inc. (“Travelers”), and subsequently G.E., were successors in in *295 terest. The Maldonados defaulted on the United Savings loan…