Duane Varbel v. Countrywide Home Loans Incorpo

MEMORANDUM

Duane Varbel appeals pro se from the district court’s judgment dismissing his diversity action arising from foreclosure proceedings. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Cervantes v. Countrywide Home Loans, Inc., 656 F.3d 1034, 1040 (9th Cir.2011). We affirm.

The district court properly dismissed Varbel’s breach of contract claim because Varbel did not allege facts showing the existence of a contract between him and any of the defendants. See Chartone, Inc. v. Bernini, 207 Ariz. 162 , 83 P.3d 1103, 1111 (2004) (an essential element of breach of contract claim is existence of a contract).

The district court properly dismissed Varbel’s quiet title claim because Varbel did not allege facts showing that the loan has been repaid. See Farrell v. West, 57 Ariz. 490 , 114 P.2d 910, 911 (1941) (where “it appears there is an unsatisfied balance due to a defendant-mortgagee, or his as-signee, the court will not quiet the title until and unless [plaintiff] pays off such mortgage lien”).

The district court properly dismissed Varbel’s claim under section § 33-420 of Arizona Revised Statutes because Varbel failed to allege facts showing that defendants…