Patterson v. Mortgage Electronic Registration Systems, Inc.

MEMORANDUM

Danita Patterson appeals pro se from the district court’s order dismissing her foreclosure action. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Cervantes v. Countrywide Home Loans, Inc., 656 F.3d 1034, 1040 (9th Cir.2011). We affirm in part, vacate in part, and remand.

The district court properly dismissed as time-barred Patterson’s claims for intentional misrepresentation and fraudulent concealment because Patterson failed to file her action within three years, or establish a basis for tolling due to delayed discovery. See Cal.Civ.Proc.Code § 338(d) (limitations period for fraud claims); Fox v. Ethicon Endo-Surgery, Inc., 35 Cal.4th 797 , 27 Cal.Rptr.3d 661 , 110 P.3d 914, 920 (2005) (discovery rule only delays accrual of a claim until the plaintiff has, or should have, inquiry notice of the claim on the basis of a reasonable investigation).

The district court properly dismissed Patterson’s claim for breach of the implied covenant of good faith and fair dealing because Patterson failed to allege sufficient facts showing that defendants interfered with her right to receive the benefits of the loan transaction at issue. See Racine & Laramie, Ltd.…