Philip Kennedy v. Lehman Brothers Bank, Fsb

MEMORANDUM

Philip Frank Kennedy and Dana Lynn Kennedy appeal pro se from the district court’s judgment dismissing their 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), and we affirm.

The district court properly dismissed plaintiffs’ claims for wrongful foreclosure and quiet title because defendants had statutory authority to initiate non-judicial foreclosure proceedings. See Cal. Civ. Code § 2924 (a)(1); see also Gomes v. Countrywide Home Loans, Inc., 192 Cal.App.4th 1149 , 121 Cal.Rptr.3d 819, 823-24 (2011) (Cal. Civ.Code § 2924(a)(1) does not allow plaintiffs to bring an action to determine foreclosure authority). Moreover, plaintiffs failed to allege that they tendered or satisfied their payment obligations under the deed of trust. See Arnolds Mgmt. Corp. v. Eischen, 158 Cal.App.3d 575 , 205 Cal.Rptr. 15, 17 (1984) (“[A]n action to set aside a trustee’s sale for irregularities in sale notice or procedure should be accompanied by an offer to pay the full amount of the debt for which the property was security.”); Aguilar v. Bocci, 39 Cal.App.3d 475 , 114…