Kitty Yinling Zhang v. Countrywide Home Loans, Inc.

Good Law
601 F. App'x 567
United States Court of Appeals for the Ninth CircuitMay 1, 201512-15952California347 words

Opinion

Opinion

MEMORANDUM

Kitty Yinling Zhang appeals pro se from the district court’s judgment dismissing her action alleging federal and state law claims in connection with foreclosure proceedings. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, and may affirm on any ground supported by the record. Thompson v. Paul, 547 F.3d 1055, 1058-59 (9th Cir.2008). We affirm.

The district court properly dismissed Zhang’s Real Estate Settlement Practices Act (“RESPA”) claim alleging inadequate disclosures, because Zhang failed to allege facts sufficient to show that any defendant failed to provide a required disclosure with respect to the transfer of a loan. See 12 U.S.C. • § 2605(a)-(c) (setting forth disclosures that must be made regarding the transfer of a loan).

Dismissal of Zhang’s RESPA claim alleging inadequate responses to her Qualified Written Request was proper because Zhang failed to allege facts sufficient to show that she suffered any actual damages as a result of the alleged violation. See 12 U.S.C. § 2605 (f)(1)(A) (allowing recovery of “actual damages”).

The district court properly dismissed Zhang’s Fair Debt Collection Practices Act claim because, even assuming that…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.