Jacob Winding v. Ndex West, LLC
Opinion
Opinion
MEMORANDUM
Jacob Winding, dba Top to Bottom Cleaning Service, appeals pro se from the district court’s judgment dismissing his action alleging fraud and other claims arising from foreclosure proceedings. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Knievel v. ESPN, 393 F.3d 1068, 1072 (9th Cir.2005). We affirm.
The district court properly dismissed Winding’s claim for declaratory relief because Winding failed to allege facts showing that he held a lien in a senior position of priority to defendants’ lien. See Cal. Civ.Code § 1214 (the date of recording determines priority of liens in California); see also O’Meara v. DeLamater, 52 Cal. App.2d 665 , 126 P.2d 671, 672 (1942) (“[Assignment back to the maker of the note and mortgage merge[s] the equitable title with the legal title and extinguished] the mortgage.”).
The district court properly dismissed Winding’s claims for fraud and cancellation of instruments because Winding failed to allege facts showing that defendants misrepresented the priority of their lien. See Lazar v. Superior Court, 12 Cal.4th 631 , 49 Cal.Rptr.2d 377 , 909 P.2d 981, 984 (1996) (elements of fraud under California law).