Fhlmc
Ukiru v. Federal Home Loan Mortgage Corp.
Opinion
Opinion
MEMORANDUM
Angela Ukiru appeals the district court’s order dismissing her claims relating to the foreclosure of her property for failure to state a claim. We review de novo, AE ex rel. Hernandez v. Cnty. of Tulare, 666 F.3d 631, 636 (9th Cir.2012), and affirm.
The district court properly dismissed plaintiffs equitable claims for relief — including her claims to set aside the trustee’s sale, to cancel the trustee’s deed, to quiet title, and for wrongful foreclosure— due to plaintiffs failure to allege credible tender. “A valid and viable tender of payment of the indebtedness owing is essential to an action to cancel a voidable sale under a deed of trust.” Karlsen v. Am. Sav. & Loan Ass’n, 15 Cal.App.3d 112 , 92 Cal.Rptr. 851, 854 (1971). Despite plaintiffs contention, no exception to the tender rule applies here. See Lona v. Citibank, N.A., 202 Cal.App.4th 89 , 134 Cal.Rptr.3d 622, 640-41 (2011). Thus, the challenged foreclosure sale, presumptively valid based on recitals within the deed of trust, was subject to the equitable requirement of tender. See Ram v. OneWest Bank, FSB, 234 Cal.App.4th 1 , 183 Cal.Rptr.3d 638, 650 (2015). The conclusory and unsupported allegation within…