654 Fed.Appx. 297 (9th Cir. 2016), 13-36036, Barnhart v. Fidelity National Title Ins. Co.

Docket Nº:13-36036
Citation:654 Fed.Appx. 297
Party Name:JOY LEE BARNHART, Plaintiff - Appellant, v. FIDELITY NATIONAL TITLE INSURANCE COMPANY; et al., Defendants - Appellees
Attorney:For JOY LEE BARNHART, Plaintiff - Appellant: Melissa A. Huelsman, Attorney, LAW OFFICES OF MELISSA A. HUELSMAN, Seattle, WA. For FIDELITY NATIONAL TITLE INSURANCE COMPANY, Defendant - Appellee: Matthew Cleverley, Trial Attorney, Fidelity National Law Group, Seattle, WA. For WELLS FARGO BANK, NA, ...
Judge Panel:Before: EBEL,[**] PAEZ, and BYBEE, Circuit Judges.
Case Date:June 16, 2016
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
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Page 297

654 Fed.Appx. 297 (9th Cir. 2016)

JOY LEE BARNHART, Plaintiff - Appellant,

v.

FIDELITY NATIONAL TITLE INSURANCE COMPANY; et al., Defendants - Appellees

No. 13-36036

United States Court of Appeals, Ninth Circuit

June 16, 2016

Argued and Submitted, Seattle, Washington June 9, 2016.

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 32.1)

Appeal from the United States District Court for the Eastern District of Washington. D.C. No. 2:13-cv-00090-TOR. Thomas O. Rice, Chief District Judge, Presiding.

For JOY LEE BARNHART, Plaintiff - Appellant: Melissa A. Huelsman, Attorney, LAW OFFICES OF MELISSA A. HUELSMAN, Seattle, WA.

For FIDELITY NATIONAL TITLE INSURANCE COMPANY, Defendant - Appellee: Matthew Cleverley, Trial Attorney, Fidelity National Law Group, Seattle, WA.

For WELLS FARGO BANK, NA, as Trustee for Soundview Home Loan Trust 2007-OPT1, Asset Backed Certificates, Series 2007-OPT1, HOMEWARD RESIDENTIAL, INC., FKA American Home Mortgage Servicing, Inc., Defendants - Appellees: Jan T. Chilton, Attorney, Jon D. Ives, Esquire, Attorney, Severson & Werson APC, San Francisco, CA.

Before: EBEL,[**] PAEZ, and BYBEE, Circuit Judges.

MEMORANDUM[*]

Plaintiff-appellant Joy Barnhart filed suit against defendant-appellees Fidelity National Title Insurance Co., Homeward Residential, and Wells Fargo Bank alleging claims arising out of the attempted non-judicial foreclosure on property she obtained from her mother, Virginia Barnhart, who had taken out a loan secured by the property prior to her death. Plaintiff brings claims for damages under the Washington Deed of Trust Act (" DTA" ), and the Washington Consumer Protection Act (" CPA" ), as well as claims for intentional and negligent misrepresentation. The district court granted the defendants' motion to dismiss with prejudice, analyzing all of Barnhart's claims together and finding that Barnhart had no standing to bring her claims for damages under the DTA. The district court also dismissed as moot Barnhart's claim for injunctive relief under the DTA, because the defendants cancelled the foreclosure sale and conceded that, in light of Virginia Barnhart's...

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