From Casetext: Smarter Legal Research

Lawson v. Citicorp Trust Bank

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
May 13, 2014
No. 12-15833 (9th Cir. May. 13, 2014)

Opinion

No. 12-15833 D.C. No. 2:11-cv-01163-KJM-KJN

05-13-2014

TRACY D. LAWSON, Plaintiff - Appellant, v. CITICORP TRUST BANK, A Member of Citigroup; et al., Defendants - Appellees.


NOT FOR PUBLICATION


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


Appeal from the United States District Court

for the Eastern District of California

Kimberly J. Mueller, District Judge, Presiding

Before: CLIFTON, BEA, and WATFORD, Circuit Judges.

Tracy D. Lawson appeals pro se from the district court's judgment dismissing her action arising out of foreclosure proceedings. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion the denial of a motion to amend. Hartmann v. Cal. Dep't of Corr. & Rehab., 707 F.3d 1114, 1129 (9th Cir. 2013). We may affirm on any basis supported by the record, Johnson v. Riverside Healthcare Sys., LP, 534 F.3d 1116, 1121 (9th Cir. 2008), and we affirm.

Denial of Lawson's motion for leave to amend her complaint was not an abuse of discretion because amendment would be futile. See Hartmann, 707 F.3d at 1130; see also Hebbe v. Pliler, 627 F.3d 338, 341-42 (9th Cir. 2010) (though pro se pleadings are to be liberally construed, a plaintiff must still present factual allegations sufficient to state a plausible claim for relief); Gomes v. Countrywide Home Loans, Inc., 121 Cal. Rptr. 3d 819, 824 (Ct. App. 2011) (California law does not "provide for a judicial action to determine whether the person initiating the foreclosure process is indeed authorized" (citation omitted)).

Lawson's contention that the district court held her to the standards of a practicing attorney is not supported by the record.

AFFIRMED.


Summaries of

Lawson v. Citicorp Trust Bank

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
May 13, 2014
No. 12-15833 (9th Cir. May. 13, 2014)
Case details for

Lawson v. Citicorp Trust Bank

Case Details

Full title:TRACY D. LAWSON, Plaintiff - Appellant, v. CITICORP TRUST BANK, A Member…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: May 13, 2014

Citations

No. 12-15833 (9th Cir. May. 13, 2014)

Citing Cases

Greene v. Pryce

Plaintiff's claims appear to relate to the "vapor money," "unlawful money" or "redemption" theories of debt,…

D'Oleire v. Select Portfolio Servicing, Inc.

First, "cancellation of an instrument is an equitable remedy and not an independent basis for liability."…