In re: ALLANA BARONI v. THE BANK OF NEW YORK MELLON, FKA The Bank of New York, As Successor Trustee of…

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
In re: ALLANA BARONI,
Debtor,
______________________________
ALLANA BARONI,
Appellant,
v.
THE BANK OF NEW YORK MELLON,
FKA The Bank of New York, As
Successor Trustee of JPMorgan Chase
Bank, N.A. as Trustee for the Holders of
Sami II Trust 2006-AR6 Mortgage Pass
through Certificates, Series 2006-AR6,
Appellee.
No. 16-56617
D.C. No. 2:16-cv-01493-SVW
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Stephen V. Wilson, District Judge, Presiding
FILED
FEB 08 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.

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Submitted February 6, 2018**
San Francisco, California
Before: THOMAS, Chief Judge, and D.W. NELSON and CHRISTEN, Circuit
Judges.
Allana Baroni (“Baroni”) appeals the district court’s order affirming the
bankruptcy court’s grant of summary judgment in favor of The Bank of New York
Mellon (formerly known as “The Bank of New York”) (“BNYM”). We have
jurisdiction under 28 U.S.C. § 1291, and we affirm.
1. Baroni’s note secured by a deed of trust is a “negotiable instrument”
under Cal. Com. Code § 3104(a). Yvanova v. New Century Mortg. Corp., 62 Cal.
4th 919, 927 (2016) (citing Creative Ventures, LLC v. Jim Ward & Assocs., 195
Cal. App. 4th 1430, 1445–46 (2011) (applying Commercial Code to promissory
note)). That the principal on her note may increase if she fails to pay interest does
not render the note non-negotiable. Regardless of any “interest” or additional
“charges,” Baroni agreed to pay at the very least $1.248 million—a “fixed amount
of money” pursuant § 3104(a).
2. The undisputed evidence establishes BNYM possesses Baroni’s
promissory note indorsed in blank. As the “holder of the instrument,” BNYM may
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
2

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“enforce” it in this bankruptcy action. §§ 1201(b)(21)(A), 3301 (internal quotation
marks omitted); see also In re Veal, 450 B.R. 897, 910–11, 917 (B.A.P. 9th Cir.
2011) (citations and internal quotation marks omitted); In re Smith, 509 B.R. 260,
266–67 (Bankr. N.D. Cal. 2014) (citations omitted).
AFFIRMED.
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