Capitol West Appraisals LLC v. Countrywide Financial Corp.

MEMORANDUM

Capitol West Appraisals, on behalf of itself and all others similarly situated, appeals the district court’s Rule 12(b)(6) dismissal of this diversity action brought under the Class Action Fairness Act of 2005. Because the facts and procedural history are familiar to the parties, we do not recite them here except as necessary to explain our decision. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The California common-law duty to provide fair procedures applies when (1) a significant public interest is affected, and (2) the private company is a “gatekeeper,” in that it possesses substantial power such that its conduct “significantly impairs the ability of an ordinary, competent” worker to practice the trade “in a particular geographic area, thereby affecting an impor tant, substantial economic interest.” Potvin v. Metro. Life Ins. Co., 22 Cal.4th 1060 , 95 Cal.Rptr.2d 496 , 997 P.2d 1153, 1160 (2000).

We need not decide whether Countrywide’s maintenance of the Unacceptable Vendor List (“UVL”) implicates a significant public interest, because the Second Amended Complaint (“SAC”) does not sufficiently allege that Countrywide is a “gatekeeper” to…