Lapeter 1985 Living Trust v. Canada Life Insurance Co. of America

MEMORANDUM **

Sharon and Alfred LaPeter (“LaPeter”), as trustees of the LaPeter 1985 Living Trust, appeal the district court’s order granting summary judgment to Canada Life Insurance Company of America (“Canada Life”) on LaPeter’s contract claims concerning the refinancing of his loan for the ParkCenter Mall in Boise, Idaho (the “Mall”). We affirm the judgment of the district court, and we award Canada Life attorney fees incurred on this appeal. We remand for the limited purpose of determining a reasonable amount for fees and costs covering this appeal.

We may affirm the district court on any ground supported by the record. Atel Fin. Corp. v. Quaker Coal Co., 321 F.3d 924, 926 (9th Cir.2003) (per curiam). Because we conclude Canada Life was entitied to summary judgment on the ground of LaPeter’s material misrepresentations, we need not address the parties’ other claims.

Canada Life was entitled to cancel the parties’ Loan Commitment Letter (“LCL”) because LaPeter made material misrepresentations concerning the Talbots lease, which entitled Canada Life to terminate the LCL. See Robinson v. State Farm Mutual Auto. Ins. Co., 137 Idaho 173 , 45 P.3d 829, 836 (2002). (“[I]f a…