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Lake v. Premier Fin. Servs. Inc.

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Apr 16, 2018
No. 17-35759 (9th Cir. Apr. 16, 2018)

Opinion

No. 17-35759

04-16-2018

LEVI A. LAKE, an individual, Plaintiff-Appellant, v. PREMIER FINANCIAL SERVICES INC, Defendant, and MTGLQ INVESTORS LP, a Delaware limited partnership; OHIO SAVINGS BANK, AKA AmTrust Bank, a Delaware Corporation, Defendants-Appellees.


NOT FOR PUBLICATION

D.C. No. 2:17-cv-00495-JLR MEMORANDUM Appeal from the United States District Court for the Western District of Washington
James L. Robart, District Judge, Presiding Before: SILVERMAN, PAEZ, and OWENS, Circuit Judges.

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

Levi A. Lake appeals pro se from the district court's summary judgment in his diversity action alleging a quiet title claim. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Animal Legal Def. Fund v. U.S. Food & Drug Admin., 836 F.3d 987, 990 (9th Cir. 2016), and we affirm.

The district court properly granted summary judgment because Lake failed to raise a genuine dispute of material fact as to whether he was entitled to quiet title on his property. See Wash. Rev. Code § 7.28.120 (elements of quiet title claim); Walker v. Quality Loan Serv. Corp., 308 P.3d 716, 728 (Wash. Ct. App. 2013), as modified (Aug. 26, 2013) ("A plaintiff in an action to quiet title must prevail, if he prevails at all, on the strength of his own title, and not on the weakness of the title of his adversary." (citation omitted)); see also 4518 S. 256th, LLC v. Karen L. Gibbon, P.S., 382 P.3d 1, 6 (Wash. Ct. App. 2016) (the deed of trust foreclosure remedy is subject to a six-year statute of limitations).

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

Lake v. Premier Fin. Servs. Inc.

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Apr 16, 2018
No. 17-35759 (9th Cir. Apr. 16, 2018)
Case details for

Lake v. Premier Fin. Servs. Inc.

Case Details

Full title:LEVI A. LAKE, an individual, Plaintiff-Appellant, v. PREMIER FINANCIAL…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Apr 16, 2018

Citations

No. 17-35759 (9th Cir. Apr. 16, 2018)

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Lake v. MTGLQ Invs., L.P., No. C17-0495JLR, 2017 WL 3839590, at *4 (W.D. Wash. Sept. 1, 2017), aff'd sub nom.…