Contreras Family Trust v. United States ex rel. Department of Agriculture Farm Service Agency

Good Law
205 F. App'x 580
United States Court of Appeals for the Ninth CircuitNovember 13, 2006No. 04-56773California818 words

Opinion

lead Opinion

MEMORANDUM **

The Contreras Family Trust (“Contreras”) appeals from the district court’s order granting summary judgment in favor of the government in a breach of contract suit. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s grant of summary judgment, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004), and we affirm.

In 1986 Contreras defaulted on a Farmers’ Home Administration 1 (“FmHA”) loan involving about 35 acres of land in Ventura, California. Contreras had the right to *582 repurchase the property, and in 1992 the government and Contreras signed a sales contract. On May 10, 1994, FmHA informed Contreras that “the sale must proceed immediately and closing occur within 30 days.” On June 8, following an exchange of letters, Contreras requested and received a two-week extension to resolve a lien reattachment issue, but there is no evidence of any further attempt by Contreras to follow through with the purchase. In particular, Contreras never closed the escrow account for the transaction. Contreras sued the United States in 2003, alleging that the government had breached the contract by refusing to complete the sale.

This suit was…

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