Rodrick Satre v. Wells Fargo Bank, Na

Good Law
507 F. App'x 655
United States Court of Appeals for the Ninth CircuitJanuary 2, 201311-16099California448 words

Opinion

Opinion

MEMORANDUM

Robert I. Satre and Bonita Satre Daley (“the Satres”), appeal pro se from the district court’s judgment dismissing their action alleging violations of the Fair Debt Collections Practices Act (“FDCPA”) and state law claims in connection with mortgage foreclosure proceedings. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Kearney v. Foley & Lardner, LLP, 590 F.3d 638, 643 (9th Cir.2009) (dismissal based on Noerr-Penning-ton and grant of motion to strike under California’s anti-SLAPP statute); Kougasian v. TMSL, Inc., 359 F.3d 1136, 1139 (9th Cir.2004) (dismissal based on Rooker-Feldman). We affirm in part, reverse in part, and remand.

The district court properly determined that Wechsler is immune from FDCPA liability under the Noerr-Pennington doctrine because the Satres’s factual allegations in their amended complaint failed to establish that Wechsler, who was defending his client from litigation initiated by the Satres, was a “debt collector.” See 15 U.S.C. § 1692a(6) (defining “debt collector” as one who “regularly collects ... debts owed or due or asserted to be owed or due another”); Sosa v. DIRECTV, Inc., 437 F.3d 923, 929 (9th Cir.2006) (under…

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