766 Fed.Appx. 543 (9th Cir. 2019), 17-16647, Schubert v. Bank of New York Mellon
|Citation:||766 Fed.Appx. 543|
|Party Name:||James W. SCHUBERT, Plaintiff-Appellant, v. The BANK OF NEW YORK MELLON, as successor trustee to JP Morgan Chase Bank, N.A., as Trustee for the Certificateholders of CWABS, Inc., CWABS Master Trust, Revolving Home Equity Loan Asset Backed Notes, Series 2004-K and Bank of America, N.A., Defendants-Appellees.|
|Attorney:||James W. Haworth, Attorney, Haworth Law Office, Santa Cruz, CA, for Plaintiff-Appellant Alison Valerie Lippa, Attorney, McGuireWoods LLP, San Francisco, CA, Leslie M. Werlin, Esquire, McGuireWoods LLP, Los Angeles, CA, for Defendants-Appellees|
|Judge Panel:||Before: GOULD and BERZON, Circuit Judges, and MÁ RQUEZ, District Judge. BERZON, Circuit Judge, dissenting:|
|Case Date:||April 03, 2019|
|Court:||United States Courts of Appeals, Court of Appeals for the Ninth Circuit|
Argued and Submitted December 20, 2018 San Francisco, California
Governing the citation to unpublished opinions please refer to federal rules of appellate procedure rule 32.1.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.
James W. Haworth, Attorney, Haworth Law Office, Santa Cruz, CA, for Plaintiff-Appellant
Alison Valerie Lippa, Attorney, McGuireWoods LLP, San Francisco, CA, Leslie M. Werlin, Esquire, McGuireWoods LLP, Los Angeles, CA, for Defendants-Appellees
Appeal from the United States District Court for the Northern District of California, Kandis A. Westmore, Magistrate Judge, Presiding, D.C. No. 4:17-cv-00856-KAW
Before: GOULD and BERZON, Circuit Judges, and MÁ RQUEZ,[*] District Judge.
This case is Plaintiff James Schuberts sixth suit concerning an equity line of credit secured by a deed of trust on Schuberts real property. In this suit, Schubert asserts quiet title and declaratory relief claims against Defendants, The Bank of New York Mellon and Bank of America, N.A., asserting that he does not owe Defendants money on the equity line of credit and that the deed of trust should no longer
burden his property. The district court dismissed Schuberts claims. We have jurisdiction under 28 U.S.C. § 1291.
1. We agree with the district court that Schuberts claims for quiet title and a declaration that he does not owe money on the equity line of credit are barred by res judicata because of the final judgment entered against Schubert in Schubert v. Bank of New York Mellon (Schubert V ) in 2014. No. RG13662247 (Alameda Cty. S.Ct. Nov. 13, 2014). This case comes to us under diversity jurisdiction, and therefore requires us to apply California law, including Californias res judicata principles, to Schuberts complaint. See Palomar Mobilehome Park Assn v. City of San Marcos, 989 F.2d 362, 364 (9th Cir. 1993). California law declares that an entire claim is precluded under res judicata if (1) the claim raised is identical to a claim brought in a prior proceeding, (2) the prior proceeding resulted in a final judgment on the merits, and (3) the claim is raised against a party to the prior...
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