Gale-Lawrence Webb v. Citimortgage Incorporated

MEMORANDUM

Gale-Lawrence Webb appeals pro se from the district court’s judgment dismissing his 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 Webb’s Truth in Lending Act claim seeking damages as time-barred because the action was not filed within one year of the alleged violations. See 15 U.S.C. § 1640 (e) (an action for damages must be brought within one year of the alleged violation).

The district court properly dismissed Webb’s state law claims against the Bosco defendants because Webb failed to allege facts showing that these defendants breached any obligation under the deed of trust or Arizona law. See Ariz.Rev.Stat. § 33-807(E) (stating that a “trustee is entitled to be immediately dismissed” from any action other than one “pertaining to a breach of the trustee’s obligation”).

The district court properly dismissed Webb’s state law claims against CitiMortgage Inc. based on the substitution of trustee. See Vasquez v. Saxon Mortg., Inc., (In re Vasquez), 228 Ariz.357, 266 P.3d 1053,1056-57 (2011) (concluding…