Gloria Romani v. Wells Fargo Bank, Na ( 2016 )

FILED
NOT FOR PUBLICATION
AUG 03 2016
UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
GLORIA A. ROMANI, No. 14-35018
Plaintiff - Appellant, D.C. No. 3:11-cv-00382-PA
v.
MEMORANDUM*
WELLS FARGO BANK, N.A., DBA
Wells Fargo Home Mortgage, Inc.; et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the District of Oregon
Owen M. Panner, Senior District Judge, Presiding
Argued and Submitted November 6, 2015
Portland, Oregon
Before: BERZON and WATFORD, Circuit Judges, and SOTO,** District Judge.
The district court properly entered summary judgment for the defendants
and denied Gloria Romani’s motion for leave to amend her complaint as futile.
Romani argues that the foreclosure sale of her property was invalid because the
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The Honorable James Alan Soto, United States District Judge for the
U.S. District Court for the District of Arizona, sitting by designation.
Page 2 of 2
notice of sale that she received did not identify the proper beneficiary of the trust
deed. However, the Oregon Trust Deed Act forbids post-sale challenges based on
this technical defect in the notice of sale, for the reasons stated in Woods v. U.S.
Bank N.A., __ F.3d __ (9th Cir. 2016). See Or. Rev. Stat. § 86.797(1) (formerly
§ 86.770(1)).
We need not consider whether Romani’s appeal is also barred by issue
preclusion. For this reason, appellees’ motion for judicial notice is DENIED.
AFFIRMED.