SHANNON KING V. GMAC MORTGAGE, LLC, No. 10-17929 (9th Cir. 2012)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS APR 23 2012 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT No. 10-17929 SHANNON KING, Plaintiff - Appellant, D.C. No. 2:09-cv-01425-JCMLRL v. GMAC MORTGAGE, LLC, MEMORANDUM* Defendant - Appellee. Appeal from the United States District Court for the District of Nevada James C. Mahan, District Judge, Presiding Argued and Submitted April 17, 2012 San Francisco, California Before: SCHROEDER, O SCANNLAIN, and GRABER, Circuit Judges. Shannon King appeals from the district court s grant of summary judgment in favor of her mortgagee, GMAC Mortgage, LLC ( GMAC ). The district court did not err in granting GMAC summary judgment on any of King s claims: As King had fallen behind on her mortgage payments, she is * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. unable to make a claim for misrepresentation, promissory estoppel, or wrongful foreclosure. Bulbman, Inc. v. Nev. Bell, 825 P.2d 588, 592 (Nev. 1992) (per curiam); Pink v. Busch, 691 P.2d 456, 459 (Nev. 1984) (per curiam); Collins v. Union Fed. Sav. & Loan Ass n, 662 P.2d 610, 623 (Nev. 1983). King s breach of contract claim is barred by the statute of frauds. Nev. Rev. Stat. § 111.210(1). And King is unable to make a claim for unjust enrichment since there was a valid mortgage agreement between the parties. Leasepartners Corp. v. Robert L. Brooks Trust, 942 P.2d 182, 187 (Nev. 1997) (per curiam). King s remaining contentions are either waived or without merit. AFFIRMED. 2

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