United States Ninth Circuit

In a housing discrimination case alleging violation of California's Fair Employment and Housing Act, California's Unruh Act, the federal Fair Housing Act and California Business and Professions Code section 17200, summary judgment for defendants on all claims is affirmed where: 1) plaintiff did not prove she was a "qualified" buyer or similarly situated to the eventual buyer because her offer included a seller buyback position which the seller refused; and 2) plaintiff did not present any evidence that defendant listing agents acted with discriminatory motive.

Appellate Information

• Argued 05/15/2008
• Decided 09/10/2008
• Published 09/10/2008

Judges

• Before:  DIARMUID F. O'SCANNLAIN and HAWKINS, Circuit Judges, and JAMES V. SELNA, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Steven J. Mehlman, Mehlman & TerBeek LLP, Walnut Creek, CA, argued the cause for the plaintiffs-appellants and filed briefs;  Marc L. TerBeek, and Timothy A. Walker, Mehlman & TerBeek LLP, Walnut Creek, CA, were on the briefs.


• For Appellees:
  
• Malcom Sher, Sher & Minnard LLP, Walnut Creek, CA, and John A. Schwimmer, Sussman Shank LLP, Portland, OR, argued the cause for the defendants-appellees and filed briefs;  Carla V. Minnard, Sher & Minnard LLP, Walnut Creek, CA, was on the First Shasta, Gallagher & Mattioli brief.