Chester Hunt, Jr. v. US Bank

Good Law
593 F. App'x 730
United States Court of Appeals for the Ninth CircuitFebruary 23, 201513-55631California812 words

Opinion

Opinion

MEMORANDUM

Chester and Lynda Hunt appeal the district court’s dismissal of their third complaint for failure to state a claim and denial of leave to amend. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. Because the parties are familiar with the factual and procedural history, we need not recount it here.

I.

“We review de novo the district court’s dismissal for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6).” Cervantes v. Countrywide Home Loans, Inc., 656 F.3d 1034, 1040 (9th Cir.2011). “The district court’s denial of leave to amend the complaint is reviewed for an abuse of discretion.” Id. at 1041 .

II.

The Hunts challenge the dismissal of their third complaint without leave to amend but, on appeal, cite only Glaski v. Bank of America, N.A., 218 Cal.App.4th 1079 , 160 Cal.Rptr.3d 449 (2013), and contest whether they lacked standing to challenge the securitization process. Construed broadly, their argument applies only to the district court’s dismissal of their declaratory relief claim. Therefore, we need not consider the dismissed claims not raised on appeal, specifically the Hunts’ accounting, quasi-contract, Fair Debt…

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