Alma Bell v. Wells Fargo Bank

MEMORANDUM

Plaintiff Alma Bell appeals the district court’s dismissal under Federal Rule of Civil Procedure 12(b)(6) of her claims against defendants Wells Fargo Bank and NDeX West. Bell’s claims relate to an allegedly wrongful nonjudicial foreclosure proceeding brought against her home in La Habra Heights, California. We have jurisdiction under 28 U.S.C. § 1291 . We affirm.

The district court did not err in dismissing Bell’s claim under California Civil Code § 2924(a)(6). Bell argued that her loan was defectively securitized, depriving Wells Fargo and NDeX of the beneficial interest in her Deed of Trust, that would be required under § 2924(a)(6) to initiate foreclosure proceedings. But this section of the statute—added as part of the Homeowner’s Bill of Rights (“HBOR”)—took effect on January 1, 2013 and is not retroactive. See Cal. Civ. Code § 2924 (a)(6); Myers v. Philip Morris Cos., 28 Cal.4th 828 , 123 Cal.Rptr.2d 40 , 50 P.3d 751, 759 (2002) (California .statutes do not apply retroactively absent an express ret-roactivity provision or clear extrinsic evidence of legislative intent); Saterbak v. JPMorgan Chase Bank, N.A., 245 Cal.App.4th 808 , 199 Cal.Rptr.3d 790 , 798…