Larry Brown v. Bank of America

MEMORANDUM

Larry Brown appeals the district court’s dismissal of his case for lack of standing, and the court’s determination that a certain letter (the “Victa Letter”) was not protected by the attorney—client privilege or work-product privilege. We affirm.

1. Brown lacks standing to litigate any of his claims. Brown is not a mortgagor or an attorney. Yet, he sues numerous mortgagees (“Appellees”), claiming he represents more than one thousand discontented mortgagors. Because Brown cannot represent the mortgagors as an attorney, his standing depends on whether the mortgagors assigned him their claims. The district court found that Brown lacked standing for two reasons: (1) Brown did not demonstrate that the assignment of RICO claims was express, and (2) Brown did not demonstrate that he acquired an interest in each mortgagor’s property to permit him to litigate the claims that seek an interest in real property. We need not pass judgment on the district court’s findings, because “[w]e may affirm on any proper ground supported by the record.” Novak v. United States, 795 F.3d 1012, 1017 (9th Cir. 2015).

“The party invoking federal jurisdiction bears the burden of establishing [the…