Jim Theros v. First American Title Insurance

MEMORANDUM

Jim Theros appeals pro se from the district court’s summary judgment in his diversity action arising from foreclosure proceedings. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Pardi v. Kaiser Foundation Hosp., Inc., 389 F.3d 840, 848 (9th Cir.2004). We affirm.

The district court properly granted summary judgment on Theros’s wrongful foreclosure claim because Theros failed to introduce evidence sufficient to raise a genuine dispute of material fact as to whether Wells Fargo Bank, NA held the promissory note and deed of trust. See Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 587 , 106 S.Ct. 1348 , 89 L.Ed.2d 538 (1986) (“Where the record taken as a whole could not lead a rational trier of fact to find for the non-moving party, there is no genuine issue for trial.” (citation and internal quotation marks omitted)).

The district court did not abuse its discretion by denying Theros’s request for additional discovery because Theros failed to satisfy the requirements of Fed.R.Civ.P. 56(d). See Tatum v. City & County of San Francisco, 441 F.3d 1090 , 1100 (9th Cir.2006) (setting forth standard of review and requirements under…