Shannon King v. Gmac Mortgage, LLC

* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
SHANNON KING,
Plaintiff - Appellant,
v.
GMAC MORTGAGE, LLC,
Defendant - Appellee.
No. 10-17929
D.C. No. 2:09-cv-01425-JCM-
LRL
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
James C. Mahan, District Judge, Presiding
Argued and Submitted April 17, 2012
San Francisco, California
Before: SCHROEDER, O’SCANNLAIN, and GRABER, Circuit Judges.
Shannon King appeals from the district court’s grant of summary judgment
in favor of her mortgagee, GMAC Mortgage, LLC (“GMAC”).
The district court did not err in granting GMAC summary judgment on any
of King’s claims: As King had fallen behind on her mortgage payments, she is
FILED
APR 23 2012
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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unable to make a claim for misrepresentation, promissory estoppel, or wrongful
foreclosure. Bulbman, Inc. v. Nev. Bell, 825 P.2d 588, 592 (Nev. 1992) (per
curiam); Pink v. Busch, 691 P.2d 456, 459 (Nev. 1984) (per curiam); Collins v.
Union Fed. Sav. & Loan Ass’n, 662 P.2d 610, 623 (Nev. 1983). King’s breach of
contract claim is barred by the statute of frauds. Nev. Rev. Stat. § 111.210(1).
And King is unable to make a claim for unjust enrichment since there was a valid
mortgage agreement between the parties. Leasepartners Corp. v. Robert L. Brooks
Trust, 942 P.2d 182, 187 (Nev. 1997) (per curiam).
King’s remaining contentions are either waived or without merit.
AFFIRMED.

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