Carl Nelson v. Phh Mortgage Corporation

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS FEB 27 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

CARL E. NELSON, No. 23-15069

Plaintiff-Appellant, D.C. No. 2:21-cv-01372-MCE-JDP v.

PHH MORTGAGE CORPORATION, MEMORANDUM*

successor by merger to Ocwen Loan Servicing, LLC,

Defendant-Appellee.

Appeal from the United States District Court for the Eastern District of California Morrison C. England, Jr., District Judge, Presiding

Argued and Submitted February 16, 2024 San Francisco, California

Before: MILLER, BADE, and VANDYKE, Circuit Judges.

Plaintiff-Appellant Carl Nelson appeals from the district court’s order

granting Defendant-Appellee Ocwen Loan Servicing’s (Ocwen)1 motion to dismiss

the amended complaint. Nelson sued Ocwen on August 2, 2021, alleging various

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. 1 Named Appellee PHH Mortgage Corporation is the successor by merger to Ocwen. claims sounding in fraud and negligence under California…