Robert Jacobsen v. Aurora Loan Services

ORDER and MEMORANDUM

Plaintiffs Michael T. O’Brien (“O’Brien”) and Robert E. Jacobsen (“Jacobsen”) appeal from: (1) the district court’s grant of summary judgment in favor of Defendant Aurora Loan Services, LLC (“Aurora”); (2) the district court’s grant of Defendant Cal-Western Reconveyance Corporation’s (“Cal-Western”) motion to dismiss; and (3) the district court’s denial of Plaintiffs’ motion for summary judgment. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm in part and reverse in part and remand.

Quiet title. We affirm the district court’s grant of summary judgment in favor of Aurora on the quiet title claim. In California, plaintiffs have standing to assert quiet title only if they currently possess an interest in the property at issue. Gerhard v. Stephens, 68 Cal.2d 864 , 69 Cal.Rptr. 612 , 442 P.2d 692, 732 (1968); 74 C.J.S. Quieting Title § 68 (2016). Here, however, neither plaintiff currently possesses an interest in the subject property. O’Brien transferred his purported interest to Jacobsen by grant deed in September 2011, and Jacobsen transferred his purported interest to third party Virgin Properties, LLC, by quiet claim deed in April 2012. Plaintiffs…