descrybe logo
You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

Jaramillo v. EMC Mortgage Corp.

Citation: 21 F. App'x 740Docket: No. 00-55681; D.C. No. CV-98-10182 FMC

Court: Court of Appeals for the Ninth Circuit; November 6, 2001; Federal Appellate Court

Narrative Opinion Summary

Raymond Jaramillo appeals the summary judgment favoring defendants EMC Mortgage Corporation, Cigna Property and Casualty Insurance Company, and Century Indemnity Company. The appellate court affirms the lower court's decision, confirming its jurisdiction and that of the district court under 28 U.S.C. §§ 1291 and 1332. The court concludes that Jaramillo failed to provide adequate evidence to suggest that the defendants unlawfully withheld insurance funds, noting he did not meet EMC's conditions for the release of those funds and did not show attempts to comply with those conditions. Additionally, Jaramillo has withdrawn all claims against Cigna Property and Century in this appeal. The ruling is affirmed and is not intended for publication or citation in this circuit, as per Ninth Circuit Rule 36-3.

Legal Issues Addressed

Jurisdiction under 28 U.S.C. §§ 1291 and 1332

Application: The appellate court confirms its jurisdiction and that of the district court over the case, as outlined by the relevant statutes.

Reasoning: The appellate court affirms the lower court's decision, confirming its jurisdiction and that of the district court under 28 U.S.C. §§ 1291 and 1332.

Ninth Circuit Rule 36-3

Application: The ruling is designated as unpublished and not for citation within the circuit, adhering to the specified procedural rule.

Reasoning: The ruling is affirmed and is not intended for publication or citation in this circuit, as per Ninth Circuit Rule 36-3.

Summary Judgment Standard

Application: The court affirms the summary judgment due to the appellant's failure to present sufficient evidence to support his claims.

Reasoning: The court concludes that Jaramillo failed to provide adequate evidence to suggest that the defendants unlawfully withheld insurance funds.

Withdrawal of Claims

Application: The appellant's withdrawal of claims against certain defendants is recognized and acknowledged by the court.

Reasoning: Additionally, Jaramillo has withdrawn all claims against Cigna Property and Century in this appeal.