Denise Schmidt v. Pnc Bank

MEMORANDUM

Denise K. Schmidt (Schmidt) appeals the dismissal of her suit against PNC Bank, NA (PNC). In February 2006, Schmidt obtained a loan for $650,000.00. In 2008, she defaulted on her mortgage payments, and foreclosure proceedings ensued. Schmidt initially filed an action in the Superior Court of California for declaratory relief from PNC’s attempts to collect payments and foreclose on her residence, but she dismissed her action. She then filed this action in the United States District Court for the Southern District of California against PNC alleging causes of action for declaratory relief, negligence, quasi contract, violation of 15 U.S.C. § 1692 et seq. of the Fair Debt Collection Practices Act, violation of California Business and Professions Code § 17200 et seq., and an accounting. The district court granted PNC’s Rule 12(b)(6) motion to dismiss .and denied Schmidt leave to amend. Schmidt now appeals, and we affirm, as Schmidt has failed to show that she has, or can, state a cognizable claim against PNC.

1. In general, we only review “issues [that] are argued specifically and distinctly in a party’s opening brief,” and that are raised properly under Federal Rule of…