Sound Appraisal v. Wells Fargo Bank N.A.

MEMORANDUM

Plaintiff-Appellants Sound Appraisal and Savage Appraisal Services, Inc. (“the appraisal companies”) claim that Defendant-Appellees Wells Fargo Bank (“Wells Fargo”) and Reis Valuation (“Reis”) violated and conspired to violate the California common law duty of fair procedure. The district court dismissed with prejudice the appraisal companies’ complaint for failure to state a claim. We affirm the dismissal.

We review de novo a dismissal for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). Synagogue v. United States, 482 F.3d 1058, 1060 (9th Cir.2007). Because this is an appeal from an order granting Defendants’ motion to dismiss, we rely upon the factual allegations pleaded in Plaintiffs’ complaint and assume them to be true. See Knievel v. ESPN, 393 F.3d 1068, 1072 (9th Cir.2005). While we “construe the pleadings in the light most favorable to the nonmoving party,” id., “[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice,” Ashcroft v. Iqbal, 556 U.S. 662 , 129 S.Ct. 1937, 1949 , 173 L.Ed.2d 868 (2009). “To survive a motion to dismiss, a complaint must contain sufficient factual…