Brett Ball v. Suntrust Mortgage, Inc.

MEMORANDUM

Brett J. Ball appeals pro se from the district court’s judgment dismissing his diversity action arising out of foreclosure proceedings. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal for failure to state a claim under Fed.R.Civ.P. 12(b)(6) and a judgment on the pleadings under Fed.R.Civ.P. 12(c). Berg v. Popham, 412 F.3d 1122, 1125 (9th Cir.2005). We affirm.

The district court properly dismissed Ball’s wrongful foreclosure and quiet title claims because Ball did not allege facts showing that he was not in default when defendants initiated non-judicial foreclosure proceedings. See Breliant v. Preferred Equities Corp., 112 Nev. 663 , 918 P.2d 314, 318 (1996) (“In a quiet title action, the burden of proof rests with the plaintiff to prove good title in himself.”); Collins v. Union Fed. Sav. & Loan Ass’n, 99 Nev. 284 , 662 P.2d 610, 623 (1983) (wrongful foreclosure claim requires allegation that a lender exercised the power of sale and foreclosed upon property when the homeowner was not in default).

The district court properly dismissed and granted judgment on the pleadings on Ball’s civil conspiracy and injunctive and declaratory relief…