Rose Court, LLC v. Select Portfolio Servicing, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 3 ROSE COURT, LLC, Case No. 20-cv-06213-JD

Plaintiff,

MEMORANDUM DISPOSITION

v.

SELECT PORTFOLIO SERVICING, INC., Defendant.

9 Rose Court, LLC, appeals from the bankruptcy court’s order granting a motion to dismiss the first amended complaint (FAC) and denying leave to amend. A.R. 408-13. The Court has jurisdiction pursuant to 28 U.S.C. § 158(a). The parties’ familiarity with the record is assumed, and the order is affirmed. The dismissal of the FAC under Federal Rule of Civil Procedure 12(b)(6) is reviewed de novo. In re Turner, 859 F.3d 1145, 1148 (9th Cir. 2017). The bankruptcy court properly evaluated the plausibility of the FAC in light of the transcript of the auction, which was attached as an exhibit to the FAC, and incorporated by reference. A.R. 15-22; United States v. Ritchie, 342 F.3d 903, 908 (9th Cir. 2003). On that basis, the bankruptcy court did not err in finding the sale was completed “as of 8 a.m. on the actual date of the sale” under Cal.…