Benny Enriquez, Jr. v. Aurora Loan Services, Llc

MEMORANDUM

Appellants Benny and Lori Enriquez appeal the district court’s dismissal of their complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) and denial of their motion for leave to amend.

1. We review the granting of a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) de novo. Miller v. Yokohama Tire Corp., 358 F.3d 616, 619 (9th Cir.2004). “To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.” Ashcroft v. Iqbal, 556 U.S. 662, 678 , 129 S.Ct. 1937 , 173 L.Ed.2d 868 (2009) (internal quotation marks omitted).

Aurora was the only defendant named in the original complaint. To the extent the complaint alleged misconduct attributable to Aurora, its allegations were conclusory. See Chavez v. United States, 683 F.3d 1102, 1108 (9th Cir.2012) (“Mere conclusory statements in a complaint and ‘formulaic recitation[s] of the elements of a cause of action’ are not sufficient.” (alteration in original) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 , 127 S.Ct. 1955 , 167 L.Ed.2d 929 (2007))).

Because the complaint lacked factual content from…