Sound Appraisal v. Wells Fargo Bank N.A., 093011 FED9, 10-16502
|Party Name:||SOUND APPRAISAL; SAVAGE APPRAISAL SERVICES, INC., on behalf of themselves and all others similarly situated, Plaintiffs - Appellants, v. WELLS FARGO BANK N.A.; VALUATION INFORMATION TECHNOLOGY LLC, DBA Rels Valuation, Defendants-Appellees.|
|Judge Panel:||Before: WALLACE, BERZON, and BYBEE, Circuit Judges.|
|Case Date:||September 30, 2011|
|Court:||United States Courts of Appeals, Court of Appeals for the Ninth Circuit|
NOT FOR PUBLICATION
Argued and Submitted September 1, 2011 San Francisco, California.
Appeal from the United States District Court for the Northern District of California Claudia A. Wilken, District Judge, Presiding, D.C. No. 4:09-cv-01630-CW
Plaintiff-Appellants Sound Appraisal and Savage Appraisal Services, Inc. ("the appraisal companies") claim that Defendant-Appellees Wells Fargo Bank ("Wells Fargo") and Rels Valuation ("Rels") violated and conspired to violate the California common law duty of fair procedure. The district court dismissed with prejudice the appraisal companies' complaint for failure to state a claim. We affirm the dismissal.
We review de novo a dismissal for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). Synagogue v. United States, 482 F.3d 1058, 1060 (9th Cir. 2007). Because this is an appeal from an order granting Defendants' motion to dismiss, we rely upon the factual allegations pleaded in Plaintiffs' complaint and assume them to be true. See Knievel v. ESPN, 393 F.3d 1068, 1072 (9th Cir. 2005). While we "construe the pleadings in the light most favorable to the nonmoving party, " id., "[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice, " Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949 (2009). "To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face.'" Id. (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2008)).
To state a claim for violation of the California common law duty of fair procedure, 1 the appraisal companies must allege facts that, if true, would demonstrate that Wells Fargo and Rels "wield[ ] power so substantial as to significantly impair an ordinary, competent" appraiser's "ability to practice . . . in a particular geographic area." Potvin v. Metro. Life Ins. Co., 22 Cal.4th 1060, 1072 (2000). They have not done so.
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