United States Ninth Circuit

In mortgage broker's action raising claims against Freddie Mac for intentional interference with contract, unfair competition under California state law, and defamation, summary judgment and a related ruling for Freddie Mac are affirmed where: 1) the intentional interference claim failed as there was no admissible evidence that Freddie Mac influenced or caused another party to terminate its mortgage broker contract with plaintiff, intentionally or otherwise; 2) Freddie Mac's placement of plaintiff on its "Exclusionary List" did not constitute unfair competition; 3) for purposes of the defamation claim, plaintiff failed to show malice to defeat the Common Interest Privilege; and 4) there was no abuse of discretion in denying a request to defer ruling on summary judgment.

Appellate Information

• Argued 04/07/2008
• Decided 05/07/2008
• Published 05/07/2008

Judges

• GOODWIN, Circuit Judge:, Before:  ALFRED T. GOODWIN, ANDREW J. KLEINFELD, and JAY S. BYBEE, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Julian B. Bellenghi, Michael J. Collins, Collins & Bellenghi, Newport Beach, CA, for the plaintiffs-appellants.


• For Appellees:
  
• Kelli L. Sager, Davis Wright Tremaine, Los Angeles, CA;  Graciela M. Rodriguez, King & Spalding, Washington, D.C., for the defendant-appellee.