Rick Sovereign v. Deutsche Bank

MEMORANDUM

Rick L. and Amy J. Sovereign appeal pro se from the district court’s judgment dismissing their action related to a home mortgage loan and foreclosure proceedings. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Shell Gulf of Mexico Inc. v. Ctr. for Biological Diversity, Inc., 771 F.3d 632, 635 (9th Cir.2014) (dismissal for lack of subject matter jurisdiction); Cervantes v. Countrywide Home Loans, Inc., 656 F.3d 1034, 1040 (9th Cir.2011) (dismissal for failure to state a claim). We affirm in part, vacate in part, and remand.

The district court properly dismissed defendants Deutsche Bank and Mortgagelt, Inc. because the Sovereigns’ claims for declaratory relief do not state that the Sovereigns and these parties have adverse legal interests. See Shell Gulf of Mexico Inc., 771 F.3d at 635 (“To determine whether a declaratory judgment action presents a justiciable case or controversy, courts consider whether the facts alleged, under all the circumstances, show that there is a substantial controversy, between parties having adverse legal interests, of sufficient immediacy and reality to warrant the issuance of a declaratory judgment.” (citation and internal…