Melody L. Cochran v. Bank of New York Mellon Trust Company, N.a.

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MELODY L. COCHRAN,
Plaintiff-Appellant,
v.
BANK OF NEW YORK MELLON
TRUST COMPANY, N.A.; WESTERN
PROGRESSIVE, LLC; OCWEN LOAN
SERVICING, LLC,
Defendants-Appellees.
No. 15-56203
D.C. No.
2:15-cv-03209-GHK-JC
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
George H. King, District Judge, Presiding
Argued and Submitted February 7, 2017
Pasadena, California
Before: SCHROEDER, PREGERSON, and MURGUIA, Circuit Judges.
Plaintiff-Appellant Melody Cochran appeals the district court’s order
dismissing her complaint, alleging violations of the Fair Debt Collection Practices
Act (“FDCPA”) and dependent state law claims. We have jurisdiction pursuant to
FILED
FEB 28 2017
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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28 U.S.C. § 1291. We review de novo the district court’s dismissal under Federal
Rule of Civil Procedure 12(b)(6). Schlegel v. Wells Fargo Bank, NA, 720 F.3d
1204, 1207 (9th Cir. 2013). We affirm.
The FDCPA only imposes liability when an entity is attempting to collect a
debt. 15 U.S.C. § 1692(e). In her complaint, Cochran complains of Defendants-
Appellees’ conduct related to the initiation of a nonjudicial foreclosure sale of her
property, i.e., sending three pre-foreclosure notices. Such activity, which is
required under California nonjudicial foreclosure laws, is not debt collection
activity as defined by the FDCPA. Ho v. ReconTrust, 840 F.3d 618, 621 (9th Cir.
2016) (“[A]ctions taken to facilitate a non-judicial foreclosure, such as sending the
notice of default and notice of sale, are not attempts to collect a ‘debt’ as that term
is defined by the FDCPA.”). Therefore, we affirm the district court’s dismissal of
the FDCPA claim and the dependent state law claims.
AFFIRMED. The issuance of the mandate in this case is STAYED
pending the issuance of the mandate in Ho v. ReconTrust, No. 10-56884. The
requests for judicial notice are GRANTED.
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