although pro se pleadings are construed liberally, a plaintiff must present factual allegations sufficient to state a plausible claim for relief
How later courts described this case
- although pro se pleadings are construed liberally, a plaintiff must present factual allegations sufficient to state a plausible claim for relief
Written by the judges who cited it.
The opinion
NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS AUG 26 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
SHIRLEY BROWN, No. 18-56625
Plaintiff-Appellant, D.C. No. 2:18-cv-03418-DDP-AGR
v.
MEMORANDUM*
BANK OF AMERICA, N.A.; et al.,
Defendants-Appellees.
Appeal from the United States District Court
for the Central District of California
Dean D. Pregerson, District Judge, Presiding
Submitted August 19, 2019**
Before: SCHROEDER, PAEZ, and HURWITZ, Circuit Judges.
Shirley Brown appeals pro se from the district court’s judgment dismissing
her action alleging federal and state law claims arising from the foreclosure sale of
her property. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a
dismissal under Federal Rule of Civil Procedure 12(b)(6). Kwan v. SanMedica
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Int’l, 854 F.3d 1088, 1093 (9th Cir. 2017). We affirm.
The district court properly dismissed Brown’s wrongful foreclosure and
fraud claims under California law because Brown failed to allege facts sufficient to
state a plausible claim. See Hebbe v. Pliler, 627 F.3d 338, 341-42 (9th Cir. 2010)
(although pro se pleadings are construed liberally, a plaintiff must present factual
allegations sufficient to state a plausible claim for relief); Robinson Helicopter Co.
v. Dana Corp., 102 P.3d 268, 274 (Cal. 2004) (elements of fraud claim); Sciarratta
v. U.S. Bank Nat’l Assn, 202 Cal. Rptr. 3d 219, 226 (Ct. App. 2016) (elements of
wrongful foreclosure claim). Brown’s contention that the bankruptcy of
LandAmerica Financial Group, the parent company of the original trustee under
the deed of trust, rendered these foreclosure proceedings wrongful is unpersuasive.
We do not consider matters not specifically and distinctly raised and argued
in the opening brief, or arguments and allegations raised for the first time on
appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
AFFIRMED.
2 18-56625