DAVID BARRY TONEMAN and KELLY KRISTENE TONEMAN v. U.s. Bank Na, as trustee for Bear Stearns Asset-Backed Securities Trust 2004-AC7…

13-56950Court of Appeals for the Ninth CircuitJan 7, 2016

Full text

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
DAVID BARRY TONEMAN and KELLY
KRISTENE TONEMAN,
Plaintiffs - Appellants,
v.
U.S. BANK NA, as trustee for Bear
Stearns Asset-Backed Securities Trust
2004-AC7 Asset Backed Certificates
Series 2004-AC7; et al.,
Defendants - Appellees.
No. 13-56950
D.C. No. 2:12-cv-09369-MMM-
MRW
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Margaret M. Morrow, District Judge, Presiding
Submitted January 5, 2016**
Pasadena, California
Before: M. SMITH, WATFORD, and FRIEDLAND, Circuit Judges.
FILED
JAN 07 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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David and Kelly Toneman appeal from the judgment dismissing their
Second Amended Complaint with prejudice for failure to state a claim upon which
relief can be granted. The Tonemans challenge the district court’s dismissal of
their claims for wrongful foreclosure, slander of title, negligence, fraud, and unfair
business practices on various grounds. We affirm dismissal of these claims for the
reasons stated in the district court’s order granting the defendants’ motion to
dismiss.
AFFIRMED.

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