Unpublished Disposition, 935 F.2d 273 (9th Cir. 1991)Annotate this Case
United States Court of Appeals, Ninth Circuit.
Before SCHROEDER and FARRIS, Circuit Judges, and DUMBAULD,* Senior District Judge.
To avoid summary judgment a party must raise a genuine issue of material fact. We understand but reject Eugene Burger Management Corporation's unique argument. The district court properly held that certain deposition testimony taken in proceedings that did not involve the parties to this proceeding was inadmissible hearsay. The district court also correctly concluded that there was insufficient evidence to support the plaintiff's asserted claims. There are thus no genuine issues of material fact. The district court correctly applied the relevant substantive law. See Tzung v. State Farm Fire & Casualty Co., 873 F.2d 1338, 1339-40 (9th Cir. 1989).