Citibank

MEMORANDUM

Plaintiffs Larkin J. and Sheila A. Simmons (together “Simmons”) appeal the district court’s order granting the motion to dismiss their complaint pursuant to Federal Rule of Civil Procedure 12(b)(6), filed by Defendants Citibank, N.A., Mortgage Electronic Registration System, Inc. (“MERS”), ReconTrust Company, N.A., BAC Home Loans Servicing, L.P., and Bank of America N.A. (collectively, “Defendants”). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

1. Simmons contends that the note and deed of trust securing their home were never properly assigned to Citibank, and that ReconTrust was not validly substituted as the trustee. The documents attached to Simmons’ complaint directly refute this contention. Accordingly, these arguments and the complaint fail to state a claim for relief. See Zadrozny v. Bank of N.Y. Mellon, 720 F.3d 1163, 1167-68 (9th Cir.2013) (rejecting a borrower’s assertion that the deed of trust was “never properly assigned to Bank of New York” in light of the “express provision[] in the deed of trust for selling the note and for appointing a successor trustee,” which is virtually identical to the one here).

2. Next, Simmons contends that…