Fidel H. Pajarillo v. Countrywide Home Loans Inc;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
FIDEL H. PAJARILLO,
Plaintiff-Appellant,
v.
COUNTRYWIDE HOME LOANS INC;
et al.,
Defendants-Appellees.
No. 13-17155
D.C. No. 2:09-cv-00078-LDG-
GWF
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Lloyd D. George, District Judge, Presiding
Submitted November 16, 2016**
Before: LEAVY, BERZON, and MURGUIA, Circuit Judges.
Fidel H. Pajarillo appeals pro se from the district court’s judgment
dismissing his action alleging, among other claims, wrongful foreclosure. We have
jurisdiction under 28 U.S.C. § 1291. We review de novo a district court’s
FILED
NOV 22 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 Ninth Circuit Rule 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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dismissal for failure to state a claim under Federal Rule of Civil Procedure
12(b)(6), and may affirm on any ground supported by the record. Thompson v.
Paul, 547 F.3d 1055, 1058-59 (9th Cir. 2008). We affirm.
Dismissal of Pajarillo’s action was proper because Pajarillo failed to allege
facts sufficient to show that he was not in default on his loan. See In re Mortg.
Elec. Registration Sys., Inc., 754 F.3d 772, 785 (9th Cir. 2014) (“Nevada law
requires that a trustor or mortgagor show a lack of default in order to proceed with
a wrongful foreclosure claim.”).
Contrary to Pajarillo’s contentions, the district court correctly determined
that Pajarillo’s note and deed of trust were reunified by the August 2011
assignment of the deed of trust and note. See Edelstein v. Bank of N.Y. Mellon, 286
P.3d 249, 258 (Nev. 2012) (“MERS, as agent for [the original lender] and its
successors and assigns, had authority to transfer the note on behalf of [the original
lender] and its successors and assigns.”).
Appellees’ request for judicial notice, filed on June 6, 2014, is denied.
Pajarillo’s motion to remand, filed on October 27, 2015, is denied.
AFFIRMED.
13-17155 2

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