Mena Bishara v. U.S. Bank Home Mortgage

MEMORANDUM

Mena Bishara appeals pro se from the district court’s judgment dismissing his action relating to mortgage and foreclosure proceedings. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s dismissal for failure to state a claim. Cervantes v. Countrywide Home Loans, Inc., 656 F.3d 1034, 1040 (9th Cir.2011). We may affirm on any basis supported by the record. Hartmann v. Cal. Dep’t of Corr. & Rehab., 707 F.3d 1114, 1121 (9th Cir.2013). We affirm.

We affirm the dismissal of Bishara’s claims for unjust enrichment, fraudulent reconveyance, and breach of the duty of good faith and fair dealing set forth in his First Amended Complaint because Bishara “abandoned [these] claim[s] before the district court.” Hollinger v. Titan Capital Corp., 914 F.2d 1564, 1578 (9th Cir.1990) (en banc).

The district court denied Bishara leave to amend to add claims for damages and quiet title under Ariz.Rev.Stat. § 33-420(A) and (B) because it concluded that the claims were time-barred. However, the district court did not have the benefit of this court’s decision in In re Mortgage Electronic Registration Systems, Inc., 754 F.3d 772, 782 (9th Cir.2014). See id.…