Richard Gale v. First Franklin Loan Services
Opinion
Opinion
MEMORANDUM
Richard S. Gale appeals, from the district court’s judgment dismissing his action arising from foreclosure proceedings. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a district court’s dismissal under Federal Rule of Civil Procedure 12(b)(6), Thompson v. Paul, 547 F.3d 1055, 1058-59 (9th Cir.2008), and we affirm.
The district court properly dismissed Gale’s claim for wrongful commencement of foreclosure proceedings because Gale’s complaint and records subject to judicial notice show that the notice of breach and default was issued after the substitution of trustee, in accord with Nevada law in 2008, and Gale lacked standing to challenge the timing of the assignment of the deed of trust to defendant LaSalle Bank National Association. See Nev.Rev.Stat. § 107.028(4) (beginning June 10, 2011, the appointment of a new trustee is ineffective until the substitution is recorded); Wood v. Germann, — Nev.-, 331 P.3d 859 , 859 (2014) (per curiam) (“[A] homeowner ... lacks standing to rely on the timing of [an] assignment as a basis for challenging the subsequent purchaser’s authority to enforce the loan.”).