De La Cerra Frances v. De Anda
Opinion
Lead Opinion
MEMORANDUM **
Plaintiff Federico Manuel de la Cerra Frances, a United States citizen residing in California, brought California state law claims of fraud, intentional infliction of emotional distress, and assault against his cousin, Defendant Armando Alcocer de Anda, a citizen and resident of Mexico, in this diversity action. After twice allowing Plaintiff to amend his complaint, the district court granted summary judgment to Defendant, and Plaintiff timely appeals. On de novo review, see Lovell v. Chandler, 303 F.3d 1039, 1052 (9th Cir.2002) (grant of summary judgment); Prieto v. Paul Revere Life Ins. Co., 354 F.3d 1005, 1010 (9th Cir.2004) (state substantive law in a diversity action); Schwarzenegger v. Fred Martin Motor Co., 374 F.3d 797, 800 (9th Cir.2004) (personal jurisdiction), we affirm.
1. Summary judgment was proper on the fraud claim because, under California law, a fraud claim cannot rest solely on emotional distress damages. See Schroeder v. Auto Driveaway Co., 11 Cal.3d 908 , 114 CaLRptr. 622, 523 P.2d 662, 671 (1974) (holding that emotional distress damages can be recovered on a fraud claim as an aggravation of property damage, but not standing alone).