Rose Court, LLC v. Select Portfolio Servicing, Inc.

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ROSE COURT, LLC, No. 21-16663

Plaintiff-Appellant, D.C. No. 3:20-cv- 06213-JD v.

SELECT PORTFOLIO SERVICING, OPINION

INC.; QUALITY LOAN SERVICE

CORPORATION; U.S. BANK, N.A.,

successor trustee to Bank of America, NA, successor in interest to LaSalle Bank NA, as trustee, on behalf of the holders of the WaMu Mortgage Pass- Through Certificates, Series 2007- HY7, its assignees and/or successors,

Defendants-Appellees.

Appeal from the United States District Court for the Northern District of California James Donato, District Judge, Presiding

Argued and Submitted December 7, 2023 San Francisco, California

Filed October 17, 2024 ROSE COURT, LLC V. SELECT PORTFOLIO SERVICING, INC.

Before: Daniel P. Collins, Danielle J. Forrest, and Jennifer Sung, Circuit Judges.

Opinion by Judge Forrest; Concurrence by Judge Collins

SUMMARY *

Bankruptcy

The panel affirmed the district court’s order affirming the bankruptcy court’s dismissal without leave for further amendment of debtor Rose Court, LLC’s complaint in an adversary proceeding seeking declaratory relief…