Petra Martinez v. America's Wholesale Lender

MEMORANDUM

In this appeal, Petra Martinez contends that the district court erroneously granted summary judgment in favor of Defendants. As the facts and procedural history are familiar to the parties, we do not recite them here except as necessary to explain our disposition. For the reasons explained below, we affirm the district court’s grant of summary judgment in part and reverse it in part.

We review a district court’s grant of summary judgment de novo. See Florer v. Congregation Pidyon Shevuyim, N.A., 639 F.3d 916, 921 (9th Cir.2011). In doing so, we view the evidence in the light most favorable to the nonmoving party, and determine both whether any genuine dispute as to any material fact exists and whether the district court correctly applied the substantive law. See id.

In her Complaint, Martinez brought a number of causes of action against Defendants based on their alleged role in foreclosing on a property over which she held a mortgage interest. The relevant causes of action were to quiet title, for an accounting, for tortious violation of statute (the Real Estate Settlement Procedures Act), for unfair competition, for unfair debt-collection practices, for declaratory…