5 6 April E. Diggs v. Ocwen Loan Servicing, LLC;

NOT FOR PUBLICATION 1
2
UNITED STATES COURT OF APPEALS 3
4
FOR THE NINTH CIRCUIT 5
6
APRIL E. DIGGS,
Plaintiff-Appellant,
v.
OCWEN LOAN SERVICING, LLC; et al.,
Defendants-Appellees.
No. 17-56729
D.C. No. 5:17-cv-01089-AG-KK
MEMORANDUM*
7
Appeal from the United States District Court 8
for the Central District of California 9
Andrew J. Guilford, District Judge, Presiding 10
11
Submitted October 22, 2018**
12
13
Before: SILVERMAN, GRABER, and GOULD, Circuit Judges. 14
15
April E. Diggs appeals from the district court’s judgment dismissing her 16
action alleging violations of the Fair Debt Collection Practices Act (“FDCPA”) and 17
state law. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the 18
district court’s dismissal under Federal Rule of Civil Procedure 19
* 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).
FILED
OCT 26 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 17-56729
12(b)(6). Cervantes v. Countrywide Home Loans, Inc., 656 F.3d 1034, 1040 (9th 1
Cir. 2011). We affirm. 2
The district court properly dismissed Diggs’s action because Diggs failed to 3
allege facts sufficient to state plausible claims for relief. See Ashcroft v. Iqbal, 556 4
U.S. 662, 678 (2009) (to avoid dismissal, “a complaint must contain sufficient 5
factual matter, accepted as true, to state a claim to relief that is plausible on its 6
face” (citation and internal quotation marks omitted)); see also 15 U.S.C. 7
§§ 1692e, 1692f, 1692g; Cal. Civ. Code § 2934a(d) (“Once recorded, the 8
substitution [of trustee] shall constitute conclusive evidence of the authority of the 9
substituted trustee or his or her agents to act pursuant to this section.”); Cal. Civ. 10
Code § 3412; Aceves v. U.S. Bank, N.A., 120 Cal. Rptr. 3d 218, 518-19 (Cal. App. 11
2011) (noting that § 2934a does not preclude attorney-in-fact from signing 12
substitution on behalf of beneficiary). 13
The district court did not abuse its discretion by denying Diggs leave to file 14
an amended complaint because amendment would be futile. See Cervantes v. 15
Countrywide Home Loans, Inc., 656 F.3d 1034, 1041 (9th Cir. 2011) (setting forth 16
standard of review and explaining that dismissal without leave to amend is proper 17
when amendment would be futile). 18
The district court did not abuse its discretion in taking judicial notice of 19
publicly recorded documents. See Lee v. City of Los Angeles, 250 F.3d 668, 688 20

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3 17-56729
(9th Cir. 2001) (setting forth standard review and explaining that court may take 1
judicial notice of matters of public record). 2
The district court did not abuse its discretion in denying Diggs’s motion 3
under Federal Rule of Civil Procedure 59(e) because Diggs failed to show that her 4
opposition to defendants’ motion to dismiss would have precluded dismissal or that 5
leave to amend would not have been futile. See Sch. Dist. No. 1J, Multnomah Cty., 6
Or. v. ACandS, Inc., 5 F.3d 1255, 1262-63 (9th Cir. 1993) (setting forth standard of 7
review and grounds for reconsideration under Rule 59(e)). 8
We do not consider matters not specifically and distinctly raised and argued 9
in the opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009). 10
AFFIRMED. 11

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