Michelle Lander v. Bank of America Corporation, a Delaware corporation

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MICHELLE LANDER,
Plaintiff - Appellant,
v.
BANK OF AMERICA CORPORATION,
a Delaware corporation,
Defendant - Appellee.
No. 12-55674
D.C. No. 2:11-cv-08613-GHK-E
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
George H. King, Chief Judge, Presiding
Submitted March 15, 2016**
Before: GOODWIN, LEAVY, and CHRISTEN, Circuit Judges.
Michelle Lander appeals pro se from the district court’s judgment dismissing
her diversity action alleging a quiet title claim. We have jurisdiction under 28
U.S.C. § 1291. We review for an abuse of discretion a district court’s decision to
FILED
MAR 23 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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dismiss without leave to amend. Lopez v. Smith, 203 F.3d 1122, 1130 (9th Cir.
2000) (en banc). We affirm.
The district court did not abuse its discretion by dismissing without leave to
amend because the deficiencies identified by the district court in Lander’s quiet
title claim could not be cured by amendment. See Weilburg v. Shapiro, 488 F.3d
1202, 2015 (9th Cir. 2007) (“Dismissal of a pro se complaint without leave to
amend is proper only if it is absolutely clear that the deficiencies of the complaint
could not be cured by amendment.”); see also Lueras v. BAC Home Loans
Servicing, LP, 163 Cal. Rptr. 3d 804, 835 (2013) (“A borrower may not . . . quiet
title against a secured lender without first paying the outstanding debt on which the
mortgage or deed of trust is based.”); Fontenot v. Wells Fargo Bank, N.A., 129 Cal.
Rptr. 3d 467, 479-80 (2011), disapproved of on other grounds by Yvanova v. New
Century Mortg. Corp., — P.3d — (Cal. 2016) (rejecting argument that MERS
lacked the authority to assign a promissory note because it was merely a nominee
of the lender and had no interest in the note).
Bank of America Corporation’s motion to strike a portion of Lander’s reply
brief is denied.
AFFIRMED.
12-55674 2

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