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CaseIQ

Patterson v. Golden Feathers Realty Services, Inc.

United States Court of Appeals, Ninth Circuit

Mar 7, 2002

Judgment

CaseIQ

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NOT FOR PUBLICATION.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.