Afc Realty Capital, Inc. v. Sundeep Dale

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS APR 12 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

AFC REALTY CAPITAL, INC., No. 22-16786

Plaintiff-Appellee, D.C. No. 2:18-cv-02389-MCE-JDP v.

SUNDEEP S. DALE; et al., MEMORANDUM*

Defendants-Appellants.

Appeal from the United States District Court for the Eastern District of California Morrison C. England, Jr., District Judge, Presiding

Argued and Submitted February 5, 2024 San Francisco, California

Before: R. NELSON, FORREST, and SANCHEZ, Circuit Judges.

Defendant-Appellants Sundeep S. Dale; Rohit Ranchhod; Dale Investments,

LLC; Sundeep Dale, LLC; California Fruit Building, LLC; and American

Hospitality Services, Inc. (Defendants) appeal the district court’s order granting

summary judgment to Plaintiff-Appellee AFC Realty Capital, Inc. asking us to direct

the district court to grant summary judgment for Defendants instead. Alternatively,

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Defendants…