Tang

Tang v. Shell Chemical Co.

Good Law
317 F. App'x 660
United States Court of Appeals for the Ninth CircuitMarch 5, 2009No. 07-16285California961 words

Opinion

Lead Opinion

MEMORANDUM *

Plaintiffs-Appellants Tracy and Daw-nelle Tang (“Tangs”) appeal the grant of *661 summary judgment to Defendant-Appel-lees Allstate Insurance Company, and one granting summary judgment to Defendant-Appellee Hoechst Celanese (“Cela-nese”). We affirm.

I. Allstate

A. Bad Faith

1. The district court granted summary judgment to Allstate on the Tangs’ bad faith cause of action sua sponte. At oral argument before the pan el, counsel for the Tangs stated that the factual record had been sufficiently developed on the issue of Allstate’s bad faith, that remand to the district court for further development of the record was unnecessary, and that this Court should review the district court’s decision de novo based on the current record. See also Appellants’ Reply Brief (noting that “am[p]le evidence exists [in the current record] that Allstate has acted in bad faith”). These representations indicate that the Tangs had “adequate time to develop the facts on which [they] will depend to oppose summary judgment,” Oluwa v. Gomez, 133 F.3d 1237, 1239 (9th Cir.1998). The district court’s sua sponte consideration of summary judgment on the bad faith issue was therefore proper.

2. We…

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