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holding that the district court properly dismissed plaintiff's action seeking to enjoin unlawful detainer proceedings in the state court because "due to the provisions of the Anti-Injunction Act, [the district court] could 'not grant an injunction to stay proceedings in State court.'"
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No. 18-56097
11-25-2019
JAMES ORTIZ; YOLANDA Y. ORTIZ, Plaintiffs-Appellants, v. STATE OF CALIFORNIA; CITIBANK, NA, as Trustee for American Home Mortgage Assets Trust 2006-3, Mortgage Backed Pass Through Certificates Series 2006-3, Defendants-Appellees.
NOT FOR PUBLICATION D.C. No. 2:18-cv-05562-SJO-PLA MEMORANDUM Appeal from the United States District Court for the District of Central California
S. James Otero, District Judge, Presiding Submitted November 14, 2019 Pasadena, California Before: FERNANDEZ, M. SMITH, and MILLER, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a)(2).
James Ortiz and Yolanda Ortiz (hereafter collectively "the Ortizes") appeal the district court's dismissal of their action against the State of California and Citibank, N.A., as Trustee (hereafter "Citibank"). We affirm.
On appeal, the Ortizes have waived their claims against the State of California by stating that the State should not have been named as a defendant and its dismissal was appropriate.
The Ortizes sought to enjoin proceedings in an unlawful detainer action previously filed against them by Citibank and proceeding in the Superior Court of the State of California for the County of Los Angeles. However, as the district court held, due to the provisions of the Anti-Injunction Act, it could "not grant an injunction to stay proceedings in [the] State court." 28 U.S.C. § 2283; see also California v. Randtron, 284 F.3d 969, 974 (9th Cir. 2002). We are aware of the exceptions set forth in that Act. See 28 U.S.C. § 2283. However, nothing in the record suggests that the Ortizes' claims fell within one of those "narrow" exceptions, and if there were some doubt, we would have to resolve the doubt in favor of the Anti-Injunction Act's prohibition.
See Smith v. Bayer Corp., 564 U.S. 299, 306, 131 S. Ct. 2368, 2375, 180 L. Ed. 2d 341 (2011).
See Atl. Coast Line R.R. Co. v. Bhd. of Locomotive Eng'rs, 398 U.S. 281, 297, 90 S. Ct. 1739, 1748, 26 L. Ed. 2d 234 (1970). We do not overlook the Ortizes' suggestion that their claims could possibly fall under 42 U.S.C. § 1983. See Mitchum v. Foster, 407 U.S. 225, 242-43, 92 S. Ct. 2151, 2162, 32 L. Ed. 2d 705 (1972). However, they did not plead that, and could not pursue an action against the State of California under § 1983. Moreover, there is no indication that Citibank was or is a state actor or an entity acting in concert with a state actor. See Price v. Hawaii, 939 F.2d 702, 708 (9th Cir. 1991); Howerton v. Gabica, 708 F.2d 380, 382-83 (9th Cir. 1983); see also West v. Atkins, 487 U.S. 42, 48, 108 S. Ct. 2250, 2255, 101 L. Ed. 2d 40 (1988).
Moreover, because it is apparent that any amendment by the Ortizes would fail to overcome the strictures of the Anti-Injunction Act, and would, therefore, be futile, the district court did not err when it denied leave to amend. See Missouri ex rel. Koster v. Harris, 847 F.3d 646, 655-56 (9th Cir. 2017).
In light of our decision regarding the Anti-Injunction Act, we need not, and do not, take up the other issues raised by the parties on appeal. --------
AFFIRMED.