Paiva v. Countrywide Home Loans, Inc.
Opinion of the Court
MEMORANDUM
Agnes and Anthony Paiva appeal the summary judgment entered in favor of
Countrywide’s motion for summary judgment was well-supported. The Pavías filed no opposition. Countrywide’s evidence showed that the Pavías had acknowledged in writing that each had received two copies of the Notice of Right to Cancel and that they had signed the waiver of their right to rescind. They pointed to no evidence that they signed the waiver of their right to rescind on originals. No errors in the interest calculation, if any, were called to the district court’s attention. In these circumstances, the district court appropriately found that Countrywide met its burden of establishing that no genuine issues of material fact exist. The district court had no obligation to scour the record for potential triable issues of fact to which it was not specifically referred. Carmen v. San Francisco Unified Sch. Dist., 237 F.3d 1026, 1028-29 (9th Cir. 2001); Forsberg v. Pac. N.W. Bell Tel. Co., 840 F.2d 1409, 1417-18 (9th Cir. 1988); D. Haw. R. 56.1(f) (2002).
As the Pavías made no showing of “newly discovered” evidence, an intervening change in controlling law, or manifest errors of law or fact, the district court did not abuse its discretion in declining to grant their motion pursuant to Fed. R.Civ.P. 59(e).
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the
Reference
- Full Case Name
- Agnes De Lima PAIVA Anthony Paiva v. COUNTRYWIDE HOME LOANS, INC.
- Status
- Published