From Casetext: Smarter Legal Research

Neal v. Quality Loan

United States Court of Appeals, Ninth Circuit
Nov 24, 2008
301 F. App'x 679 (9th Cir. 2008)

Opinion

No. 07-55383.

Submitted November 13, 2008.

The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed November 24, 2008.

Richard Leland Neal, Kingman, AZ, pro se.

Michael J. Fox, Esq., Michael J. Fox Law Offices, Irvine, CA, for Defendants-Appellees.

Appeal from the United States District Court for the Central District of California, Cormac J. Carney, District Judge, Presiding. D.C. No. CV-06-00352-CJC.

Before: WALLACE, LEAVY, and THOMAS, Circuit Judges.


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


Richard Leland Neal appeals pro se from the district court's order dismissing his diversity action alleging breach of a home mortgage loan contract. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Cholla Ready Mix, Inc. v. Civish, 382 F.3d 969, 973 (9th Cir. 2004), and we affirm.

The district court properly dismissed the breach of contract claim because Neal failed to allege specific facts supporting the necessary elements of a breach of contract claim. See Walsh v. West Valley Mission Cmty. Coll. Dist., 66 Cal.App.4th 1532, 78 Cal.Rptr.2d 725, 733 (Ct.App. 1998) (outlining elements of a breach of contract claim).

The district court properly dismissed Neal's claim to quiet title because he failed to allege specific facts supporting his conclusory allegations. See Cholla Ready Mix, 382 F.3d at 973 (approving the district court's rejection of allegations that are merely conclusory, unwarranted deductions of fact, or unreasonable inferences).

AFFIRMED.


Summaries of

Neal v. Quality Loan

United States Court of Appeals, Ninth Circuit
Nov 24, 2008
301 F. App'x 679 (9th Cir. 2008)
Case details for

Neal v. Quality Loan

Case Details

Full title:Richard Leland NEAL, Plaintiff-Appellant, v. QUALITY LOAN SERVICE CORP.…

Court:United States Court of Appeals, Ninth Circuit

Date published: Nov 24, 2008

Citations

301 F. App'x 679 (9th Cir. 2008)

Citing Cases

Snyder v. Stanislaus Cnty.

To state a cause of action for breach of contract under California law, a party must plead the existence of a…

Sierra View Local Health Care Dist. v. Inlfluence Health, Inc.

To state a cause of action for breach of contract under California law, a party must plead the existence of a…