Neal v. Quality Loan Service Corp — Case Summary
Summary of the case Neal v. Quality Loan Service Corp.
Richard Leland Neal's appeal from the district court's dismissal of his diversity action alleging breach of a home mortgage loan contract was affirmed. The court found that Neal failed to allege specific facts necessary to support a breach of contract claim.
Key Issues of the case Neal v. Quality Loan Service Corp.
- Breach of contract
- Failure to allege specific facts
Key Facts of the case Neal v. Quality Loan Service Corp.
- Neal failed to allege specific facts supporting the necessary elements of a breach of contract claim.
- The district court dismissed Neal’s claim to quiet title due to lack of specific factual allegations.
Decision of the case Neal v. Quality Loan Service Corp.
Affirmed
Opinions
MEMORANDUM ** Richard Leland Neal appeals pro se from the district court’s order dismissing his diversity action alleging breach of a home mortgage loan contract. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Cholla Ready Mix, Inc. v. Civish, 382 F.3d 969, 973 (9th Cir.2004), and we affirm.
The district court properly dismissed the breach of contract claim because Neal failed to allege specific facts supporting the necessary elements of a breach of contract claim. See Walsh v. West Valley Mission Cmty. Coll.
Dist., 66 Cal.App.4th 1532, 78 Cal.Rptr.2d 725, 733 (Ct.App.1998) (outlining elements of a breach of contract claim). The district court properly dismissed Neal’s claim to quiet title because he failed to allege specific facts supporting his conclusory allegations. See Cholla Ready Mix, 382 F.3d at 973 (approving the district court’s rejection of allegations that are merely conclusory, unwarranted deductions of fact, or unreasonable inferences). AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.