713 Fed.Appx. 579 (9th Cir. 2018), 15-15044, Chen v. Deutsche Bank National Trust Co.
|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|
Submitted February 13, 2018 [*]
Governing the citation to unpublished opinions please refer to federal rules of appellate procedure rule 32.1.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.
Nan Hui Chen appeals from the district courts 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.
The district court properly dismissed Chens 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 Chens 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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