From Casetext: Smarter Legal Research

Espiriquetzal v. Quality Loan Serv. Corp. of Wash.

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Aug 27, 2019
No. 18-35893 (9th Cir. Aug. 27, 2019)

Opinion

No. 18-35893

08-27-2019

LEROI ESPIRIQUETZAL, Plaintiff-Appellant, v. QUALITY LOAN SERVICE CORPORATION OF WASHINGTON; et al., Defendants-Appellees.


NOT FOR PUBLICATION

D.C. No. 3:18-cv-00157-YY MEMORANDUM Appeal from the United States District Court for the District of Oregon
Marco A. Hernandez, District Judge, Presiding Before: SCHROEDER, PAEZ, and HURWITZ, Circuit Judges.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Leroi Espiriquetzal appeals pro se from the district court's judgment dismissing his action alleging federal and state law claims arising out of 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) for failure to state a claim. Kwan v. SanMedica Int'l, 854 F.3d 1088, 1093 (9th Cir. 2017). We affirm.

The district court properly dismissed Espiriquetzal's action because Espiriquetzal failed to allege facts sufficient to state a plausible claim for relief. See Fed. R. Civ. P. 12(b)(6); 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)).

The district court did not abuse its discretion by denying leave to amend because amendment would have been futile. See Cervantes v. Countrywide Home Loans, Inc., 656 F.3d 1034, 1041 (9th Cir. 2011) (setting forth standard of review and explaining that dismissal without leave to amend is proper when amendment would be futile).

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.


Summaries of

Espiriquetzal v. Quality Loan Serv. Corp. of Wash.

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Aug 27, 2019
No. 18-35893 (9th Cir. Aug. 27, 2019)
Case details for

Espiriquetzal v. Quality Loan Serv. Corp. of Wash.

Case Details

Full title:LEROI ESPIRIQUETZAL, Plaintiff-Appellant, v. QUALITY LOAN SERVICE…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Aug 27, 2019

Citations

No. 18-35893 (9th Cir. Aug. 27, 2019)