Patterson v. Golden Feathers Realty Services, Inc.

Full title: Earline PATTERSON, Plaintiff--Appellant, v. GOLDEN FEATHERS REALTY…

Court: United States Court of Appeals, Ninth Circuit

Date published: Mar 7, 2002

31 F. App'x 495 (9th Cir. 2002)

Opinion

31 Fed.Appx. 495 (9th Cir. 2002) Earline PATTERSON, Plaintiff--Appellant, v. GOLDEN FEATHERS REALTY SERVICES, INC.; New Horizons Realty; U.S. Department of Housing and Urban Development, Defendants--Appellees. No. 01-55317. D.C. No. CV-00-07439-GAF. United States Court of Appeals, Ninth Circuit. March 7, 2002

Argued and Submitted March 4, 2002.

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the United States District Court for the Central District of California Gary A. Feess, District Judge, Presiding.

Before BROWNING, THOMAS and RAWLINSON, Circuit Judges.

MEMORANDUM ^*

* This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.

To prevail on a breach of contract claim there must first be a valid contract. Careau & Co. v. Sec. P. Bus. Credit, Inc., 222 Cal.App.3d 1371, 1388, 272 Cal.Rptr. 387 (Cal.Ct.App.1990). Appellant argues that her bid proposal for real property offered at a HUD auction constitutes a contract. Under California law, contracts for the purchase of real property must be in writing and signed by the party to be bound. Cal. Civ.Code § 1624(a)(3). The alleged contract is not signed by HUD or

Page 496.

any other party to be bound. Since there is no contract, there can be no breach.

AFFIRMED.