Slezak

MEMORANDUM **

Richard Slezak appeals pro se from the district court’s judgment dismissing his action to quiet title and for damages against TCIF and Select Portfolio Servicing, Inc. (“SPS”), the owner and servicer, respectively, of his mortgage. Slezak also appeals from the order denying his motion to amend the judgment. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the decision to grant summary judgment, United States v. Johnson Controls, Inc., 457 F.3d 1009, 1012 (9th Cir. 2006), and we review for an abuse of discretion the order denying the motion to amend the judgment, McQuillion v. Duncan, 342 F.3d 1012, 1014 (9th Cir.2003). We affirm.

The district court properly granted summary judgment on Slezak’s claims that IndyMac’s mortgage assignment to TCIF was void or unenforceable because the assignment was evidenced by a written Loan Purchase and Sale Agreement executed by IndyMac’s representative, see Cal. Civ. Code § 1091 , and the absence of recordation did not render the assignment void, see Robertson v. Peters (In re Weisman), 5 F.3d 417, 420 (9th Cir.1993) (under California law, “an unrecorded instrument is valid as between the parties thereto”).

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