Cynthia Marcus v. Bank of America, Na

FILED

NOT FOR PUBLICATION

MAY 11 2022

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

CYNTHIA MARCUS, No. 19-56288

Plaintiff-Appellant, D.C. No. 2:19-cv-01747-PA-FFM v.

NATIONSTAR MORTGAGE LLC, DBA MEMORANDUM*

Mr. Cooper; DOES, 1 through 20, inclusive,

Defendants-Appellees,

and

WELLS FARGO BANK N.A,

Defendant.

Appeal from the United States District Court for the Central District of California Percy Anderson, District Judge, Presiding

Argued and Submitted March 10, 2021 Submission Vacated March 22, 2021 Resubmitted May 11, 2022 San Francisco, California

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Before: McKEOWN, IKUTA, and BRESS, Circuit Judges. Partial Dissent by Judge IKUTA.

Cynthia Marcus timely appeals the district court’s dismissal of her complaint

in favor of Nationstar Mortgage LLC (Nationstar). The district court had

jurisdiction under 28 U.S.C. § 1331, and we have jurisdiction under 28 U.S.C.

§ 1291.

The district court did not err in…