Reinsdorf v. Reinsdorf

57 F. App'x 333

• Court: Court of Appeals for the Ninth Circuit
• Decided: March 11, 2003
• Docket: No. 02-55281; D.C. No. CV-01-01770-MMM
• Status: Published

Opinion

MEMORANDUM

*

Judith Reinsdorf appeals the district court’s grant of summary judgment in favor of her brother, Jerry Reinsdorf. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm. Because the parties are familiar with the facts, we will not recite them here.

The district court properly found that Judith’s declaration was a sham.¹ Her deposition testimony was clear, and it contradicted the statements she made in her declaration. Absent the declaration, nothing in the record creates a genuine issue of material fact precluding summary judgment.² Accordingly, we affirm.

AFFIRMED.

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

1 . The court's finding was one of fact, which we review for clear error. See Kennedy v. Allied Mut. Ins. Co., 952 F.2d 262, 267 (9th Cir.1991); United States v. Doe, 155 F.3d 1070, 1074 (9th Cir.1998) (enbanc).

2 . See Oliver v. Keller, 289 F.3d 623, 626 (9th Cir.2002).