Winkal Holdings, LLC v. Jpmorgan Chase Bank

* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
WINKAL HOLDINGS, LLC,
Plaintiff - Appellant,
v.
JPMORGAN CHASE BANK,
Defendant - Appellee,
FEDERAL DEPOSIT INSURANCE
CORPORATION, as Receiver of
Washington Mutual Bank,
Intervenor - Defendant -
Appellee.
No. 11-55807
D.C. No. 2:10-cv-04267-VBF-
FMO
MEMORANDUM*
ELBA, INC.; SIERRA SLOVER, LLC,
Plaintiffs - Appellants,
v.
JPMORGAN CHASE BANK, National
Association,
Defendant - Appellee,
No. 11-56817
D.C. No. 2:10-cv-09367-DSF-OP
FILED
JAN 22 2013
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

-- 1 of 2 --

** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
and
FEDERAL DEPOSIT INSURANCE
CORPORATION, as Receiver for
Washington Mutual Bank,
Intervenor - Appellee.
Appeal from the United States District Court
for the Central District of California
Valerie Baker Fairbank, District Judge, Presiding
Submitted January 8, 2013 **
Pasadena, California
Before: KOZINSKI, Chief Judge, McKEOWN and M. SMITH, Circuit Judges.
Winkal and Elba’s claims both fail under our holding in GECCMC 2005-C1
Plummer St. Office Ltd. P’ship v. JPMorgan Chase Bank, Nat’l Ass’n, 671 F.3d
1027 (9th Cir. 2012). Because the appellants are not intended third-party
beneficiaries of the Purchase and Assumption Agreement between JPMorgan
Chase Bank and the FDIC, they have no right under the federal common law to
enforce the terms of the contract against Chase. See id. at 1032–35.
AFFIRMED.

-- 2 of 2 --