Margaret Carswell v. Jp Morgan Chase Bank N.A.

MEMORANDUM

Margaret Carswell appeals the dismissal of her complaint. On de novo review, Decker v. Advantage Fund Ltd., 362 F.3d 593, 595-96 (9th Cir.2004), we affirm.

1. The district court properly dismissed the claim for wrongful foreclosure. Defendants had statutory authority to initiate nonjudicial foreclosure proceedings. Cal. Civ.Code § 2924(a)(1). Moreover, the statute does not allow a mortgagee to sue to determine authority to foreclose. Robinson v. Countrywide Home Loans, Inc., 199 Cal.App.4th 42 , 130 Cal.Rptr.3d 811, 814 (2011); Gomes v. Countrywide Home Loans, Inc., 192 Cal.App.4th 1149 , 121 Cal.Rptr.3d 819, 824 (2011).

2. The district court properly dismissed the claim for unjust enrichment. Even if such a theory exists in California, compare Melchior v. New Line Prods., Inc., 106 Cal.App.4th 779 , 131 Cal.Rptr.2d 347, 357 (2003) (holding that there is no cause of action in California for unjust enrichment), with Lectrodryer v. Seoul-Bank, 77 Cal.App.4th 723 , 91 Cal.Rptr.2d 881, 883-84 (2000) (permitting an unjust enrichment claim to stand), JPMorgan Chase Bank (“Chase”) was entitled to receive Plaintiffs loan payments because it was the loan servicer.

3. The…