Coward v. J.P. Morgan Chase Bank, N.A.

MEMORANDUM

Dana Coward appeals the dismissal of her fourth amended complaint against JP Morgan Chase Bank, N.A. (“JP Morgan”) alleging fraud in the origination of her mortgage loan. The district court dismissed the complaint without leave to amend for failure to comply with the administrative requirements set out in the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA), 12 U.S.C. § 1821 (d)(13)(D), and for failure to adequately plead fraud under Federal Rule of Civil Procedure 9(b). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

On appeal Coward attempts to revive various claims that the district court dismissed in her first and second amended complaints, which were not included in the fourth amended complaint. However:

Lacey v. Maricopa Cty., 693 F.3d 896, 925 (9th Cir. 2012) (en banc) (citations and internal quotation marks omitted). For this reason, we consider only the single cause of action raised in the fourth amended complaint.

Coward claims that, at the time her mortgage loan was issued in 2005, an employee of Long Beach Mortgage Company — the original issuer of the mortgage loan — fraudulently certified Coward’s husband’s…