Jamie Clark v. Metropolitan Life Insurance Co

461 F. App'x 538

• Court: Court of Appeals for the Ninth Circuit
• Decided: December 7, 2011
• Docket: 10-17071
• Status: Unpublished

Opinion

MEMORANDUM **

The uncontested facts establish that plaintiff suffered no damages from defendant’s management of the Total Control Account Money Market Option (“TCA”). The district court thus properly granted summary judgment for defendant on plaintiffs breach of contract claim. See Brown v. Kinross Gold U.S. A., Inc., 531 F.Supp.2d 1234, 1240 (D.Nev.2008) (quoting Saini v. Int’l Game Tech., 434 F.Supp.2d 913, 919-20 (D.Nev.2006)). The undisputed facts further show that plaintiffs status as a TCA holder did not create the sort of relationship necessary to establish a Nevada state-law claim for breach of duties arising from a special or confidential relationship. The district court was therefore correct to grant summary judgment on that claim as well. See Giles v. Gen. Motors Acceptance Corp., 494 F.3d 865, 881-82 (9th Cir.2007).

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.