Jose Rodriguez v. Nationstar Mortgage, LLC ( 2019 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JAN 24 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOSE BENJAMIN RODRIGUEZ, No. 17-16021
Plaintiff-Appellant, D.C. No. 2:16-cv-02180-KJD-
CWH
v.
NATIONSTAR MORTGAGE LLC; et al., MEMORANDUM*
Defendants-Appellees.
Appeal from the United States District Court
for the District of Nevada
Kent J. Dawson, District Judge, Presiding
Submitted January 15, 2019**
Before: TROTT, TALLMAN, and CALLAHAN, Circuit Judges.
Jose Benjamin Rodriguez appeals pro se from the district court’s judgment
dismissing his action alleging federal and state law claims relating to foreclosure
proceedings. 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 Rodriguez’s claims under the Truth in
Lending Act (“TILA”) because the loan at issue was a “residential mortgage
transaction” and therefore not subject to TILA rescission. See 15 U.S.C.
§ 1635(e)(1) (the right of rescission does not apply to a “residential mortgage
transaction”); id. § 1602(x) (defining “residential mortgage transaction”).
The district court properly dismissed Rodriguez’s wrongful foreclosure
claim because Rodriguez failed to allege facts sufficient to state a plausible claim
for relief. See Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (to avoid dismissal, “a
complaint must contain sufficient factual matter, accepted as true, to state a claim
to relief that is plausible on its face” (citation and internal quotation marks
omitted)); Collins v. Union Fed. Sav. & Loan Ass’n, 662 P.2d 610, 623
(Nev. 1983) (wrongful foreclosure claim requires that no failure of performance
existed on the part of the borrower that would have authorized foreclosure).
AFFIRMED.
2 17-16021