Tok Cha Kim v. CB Richard Ellis Hawaii, Inc.

MEMORANDUM *

Tok Cha Kim and Tok Cha Investments, Inc. (“TCI”) (collectively, “Kim”) appeal the summary judgment dismissing them state and federal claims against CB Richard Ellis Hawaii, Inc. (“Richard Ellis”), Kim also appeals the district court’s discovery sanctions order, which denied her request for entry of default. We affirm the judgment.

j

Kim contends that the district court abused its discretion by affirming the magistrate judge’s discovery sanctions order, which denied her request for entry of default. The district court did not err. “[Sanctions available to the district court are discretionary and the imposition of such sanctions ‘as are just’ will not be reversed unless there has been an abuse of discretion.” Sigliano v. Mendoza, 642 F.2d 309, 310 (9th Cir.1981). Entry of default is available only if non-compliance is “due to willfulness, fault or bad faith.” Id. Kim’s argument is without merit because there is no evidence that Richard Ellis acted in bad faith.

II

Kim also contends that the district court erred by dismissing her state and federal claims. Viewing the evidence in the light , „ ,. , „• most favorable to Kim, there are no dis- ... , „ TT . puted…