Pacific West Group, Inc. v. Real Time Solutions, Inc.

MEMORANDUM **

Pacific West Group, Inc. (Pacific West), appeals the district court’s partial judgment on the pleadings and partial summary judgment in its diversity action against Real Time Resolutions, Inc. (Real Time), for breach of contract, fraud, and negligent misrepresentation arising out of the sale of certain loans. Because the parties are familiar with the facts, we do not recount them here, except as is necessary to explain our decision. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

I.

The district court properly granted partial judgment on the pleadings to Real Time on Pacific West’s breach of contract claim on the ground that the purchase agreements at issue contain a warranty-waiver provision. “Judgment on the pleadings is proper when there are no issues of material fact, and the moving party is entitled to judgment as- a matter of law.” Gen. Conference Corp. of Seventh-Day Adventists v. Seventh-Day Adventist Congregational Church, 887 F.2d 228, 230 (9th Cir.1989). Here, there are no material fact issues because Pacific West has waived any unconscionability arguments regarding the warranty-waiver provision by failing to raise the issue either in…