Lasko v. Caliber Home Loans, Inc.
Decision Date | 10 March 2022 |
Docket Number | 20-17181 |
Parties | SILVIA REGINA LASKO; KEITH ALAN LASKO, Plaintiffs-Appellants, v. CALIBER HOME LOANS, INC.; et al., Defendants-Appellees. and MOSQUE OF THE GOLDEN RULE; WORLDWIDE MINISTRIES OF ISLAM, Plaintiffs, |
Court | U.S. Court of Appeals — Ninth Circuit |
NOT FOR PUBLICATION
Submitted March 10, 2022 [**]
Appeal from the United States District Court for the District of Nevada Gloria M. Navarro, District Judge, Presiding D.C. No 2:18-cv-01802-GMN-VCF
Before: D.W. NELSON, FERNANDEZ, and SILVERMAN, Circuit Judges.
Silvia and Keith Lasko appeal pro se the district court's orders dismissing their action under federal and Nevada law against Caliber Home Loans, Inc., and other defendants. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the district court's dismissal for failure to state a claim. Applied Underwriters, Inc. v. Lichtenegger, 913 F.3d 884, 890 (9th Cir 2019) (citation omitted). We review for an abuse of discretion the district court's application of judicial estoppel and its dismissal for failure to obey a court order. Id.; Hamilton v. State Farm Fire & Cas. Co., 270 F.3d 778, 782 (9th Cir. 2001). We affirm.
Silvia Lasko is a proper party to this appeal because the signature of her spouse Keith Lasko on the notice of appeal was sufficient for both appellants. See Fed. R. App. P. 3(c)(2) ().
The district court properly exercised its discretion in ruling that Claims 2-4, 10, and 24 were barred by judicial estoppel because the Laskos did not list these claims on their bankruptcy schedules. See Hamilton, 270 F.3d at 785.
The district court properly dismissed Claims 5-9, 11, and 22-23 for failure to state a claim. These claims relied on an invalid theory that the Laskos' promissory note was unenforceable under Nevada law because it was packaged into an investment security that severed the note from the deed of trust. See Jones v. U.S. Bank N.A., 460 P.3d 958, 961 (Nev. 2020); Wood v. Germann, 331 P.3d 859, 862 (Nev. 2014); Edelstein v. Bank of New York Mellon, 286 P.3d 249, 252 (Nev. 2012). Any challenge to a foreclosure was unripe because no foreclosure had taken place. See Ass'n of Irritated Residents v. EPA, 10 F.4th 937, 944 (9th Cir. 2021); SFR Investments Pool 1, LLC v. U.S. Bank, N.A., 449 P.3d 461, 465 (Nev. 2019) ().
The district court properly dismissed Claim 1, alleging a violation of a Nevada statute of limitations, and Claim 21, alleging a RICO violation in the removal of this action to federal court. See United States v. Allahyari, 980 F.3d 684, 686 (9th Cir. 2020) (, )cert. denied, 2021 WL 4507849 (U.S. Oct. 4, 2021); 18 U.S.C. § 1961(1) (RICO predicates).
The district court properly exercised its discretion in dismissing Claims 12-20 pursuant to Federal Rule of Civil Procedure 41(b). See Fed. R. Civ. P. 41(b) ( ); Harris v. Hangum, 863 F.3d 1133, 1142 (9th Cir. 2017) () (citations omitted). Our independent review of the record shows that the dismissal for failure to comply with a court order was not an abuse of discretion. See Applied Underwriters, 913 F.3d at 890 ( ); see also Ferdik v. Bonzelet, 963 F.2d 1258, 1261-62 (9th Cir. 1992).
AFFIRMED.
---------
Notes:
[*] This disposition is not appropriate for publication and is not precedent...
To continue reading
Request your trial