Boza v. U.S. Bank NA Ex Rel. Citigroup Mortgage Loan Trust Inc.

MEMORANDUM

In this consolidated appeal, Carmen C. Boza and Luis R. Boza appeal (1) the district court’s dismissal of their action to quiet title against U.S. Bank N.A., and (2) the district court’s award of contractual attorneys’ fees in favor of U.S. Bank for prevailing in this lawsuit. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

1. The district court did not err by dismissing the Bozas’ first amended complaint. (FAC), which asserted a single cause of action to quiet title against U.S. Bank. Because the FAC fails to allege that the Bozas paid or offered to pay their mortgage debt, the Bozas’ claim to quiet title fails as a matter of law. See Ashcroft v. Iqbal, 556 U.S. 662, 678 , 129 S.Ct. 1937 , 173 L.Ed.2d 868 (2009) (“To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.” (internal quotation marks omitted)); Fontana Land Co. v. Laughlin, 199 Cal. 625 , 250 P. 669, 675 (1926) (“[T]he mortgagor cannot quiet title without paying his debt”).

2. Nor did the district, court err by rejecting the Bozas’ argument that U.S. Bank lacks authority to foreclose on…