713 Fed.Appx. 579 (9th Cir. 2018), 15-15044, Chen v. Deutsche Bank National Trust Co.

Docket Nº:15-15044
Citation:713 Fed.Appx. 579
Party Name:NAN HUI CHEN, Plaintiff-Appellant, v. DEUTSCHE BANK NATIONAL TRUST COMPANY, Trustee of Securitized Asset Backed Receivables, LLC Trust 2007-BRI Mortgage Pass Through Certificates, Series 2007-BR1; et al., Defendants-Appellees.
Attorney:Nan Hui Chen, Pro Se Emilie K. Edling, Houser & Allison, APC, Portland, OR, for Defendants-Appellees
Judge Panel:Before: LEAVY, FERNANDEZ, and MURGUIA, Circuit Judges.
Case Date:February 22, 2018
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
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Page 579

713 Fed.Appx. 579 (9th Cir. 2018)

NAN HUI CHEN, Plaintiff-Appellant,

v.

DEUTSCHE BANK NATIONAL TRUST COMPANY, Trustee of Securitized Asset Backed Receivables, LLC Trust 2007-BRI Mortgage Pass Through Certificates, Series 2007-BR1; et al., Defendants-Appellees.

No. 15-15044

United States Court of Appeals, Ninth Circuit

February 22, 2018

Submitted February 13, 2018 [*]

Editorial Note:

Governing the citation to unpublished opinions please refer to federal rules of appellate procedure rule 32.1. See also U.S.Ct. of App. 9th Cir. Rule 36-3.

Appeal from the United States District Court for the Northern District of California, Yvonne Gonzalez Rogers, District Judge, Presiding, D.C. No. 4:13-cv-03352-YGR

Nan Hui Chen, Pro Se

Emilie K. Edling, Houser & Allison, APC, Portland, OR, for Defendants-Appellees

Before: LEAVY, FERNANDEZ, and MURGUIA, Circuit Judges.

MEMORANDUM[**]

Nan Hui Chen appeals from the district court’s judgment dismissing her action alleging federal and state law claims arising from foreclosure proceedings. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Campidoglio LLC v. Wells Fargo & Co., 870 F.3d 963, 970 (9th Cir. 2017). We affirm.

Page 580

The district court properly dismissed Chen’s cancellation of instruments claim because Chen failed to allege facts sufficient to show that any of the recorded documents were void or voidable. See Thompson v. Ioane, 11 Cal.App.5th 1180, 218 Cal.Rptr.3d 501, 512 (2017) (setting forth elements of cancellation of instruments claim under California law).

The district court properly dismissed Chen’s slander of title claim because Chen failed to allege facts sufficient to show the recorded documents associated with the subject property contained false statements. See Seeley v. Seymour, 190 Cal.App.3d 844, 237 Cal.Rptr. 282, 288-89 (1987) (setting forth elements of slander of title claim under California law).

The district court properly dismissed Chens claim under the California Homeowners Bill of Rights ("HBOR") because the statute did not go into effect until after defendants alleged misconduct. See Saterbak v...

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