Brian Lawrence v. Bank of America

MEMORANDUM

Brian and Santa Lawrence appeal pro se from the district court’s orders dismissing their action arising out of foreclosure proceedings. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. King v. California, 784 F.2d 910, 912 (9th Cir.1986). We affirm.

The district court properly dismissed the Lawrences’ breach of contract claim against Bank of America because they did not allege facts establishing the requisite elements of performance and breach. See Calloway v. City of Reno, 116 Nev. 250 , 993 P.2d 1259, 1263 (2000) (stating that a breach of contract consists of a “material failure of performance of a duty arising under or imposed by agreement” (citation omitted)), overruled on other grounds by Olson v. Richard, 120 Nev. 240 , 89 P.3d 31 (2004).

The district court properly dismissed the Lawrences’ remaining claims for the reasons stated in its orders entered on February 9, 2010, and February 10, 2010.

Contrary to the Lawrences’ contentions, the district court did not err by considering their claims under the federal pleading standard. See Vess v. Cibar-Geigy Corp. USA, 317 F.3d 1097 , 1102 (9th Cir.2003) (“The Federal Rules of Civil Procedure apply…