Court of Appeals for the Ninth Circuit March 18, 2003, No. 01-15956; D.C. No. CV-00-20084-RMW(RS) (Zamani v. Carnes)

MEMORANDUM **

Because the facts are familiar to the parties involved, we recount them only as necessary to explain our decision.

1. We affirm the district court’s grant of summary judgment to the Carneses1 on the claim for negligent misrepresentation. The Zamanis have failed to demonstrate that the Carneses made a “positive assertion” that there was no asbestos in the building. See Wilson v.