GLORIA ROMANI v. WELLS FARGO BANK DBA (2016)

United States Court of Appeals, Ninth Circuit.

GLORIA A. ROMANI, Plaintiff - Appellant, v. WELLS FARGO BANK, N.A., DBA Wells Fargo Home Mortgage, Inc.; et al., Defendants - Appellees.

No. 14-35018

Decided: August 03, 2016

Before: BERZON and WATFORD, Circuit Judges, and SOTO,** District Judge.

MEMORANDUM *

The district court properly entered summary judgment for the defendants and denied Gloria Romani's motion for leave to amend her complaint as futile. Romani argues that the foreclosure sale of her property was invalid because the notice of sale that she received did not identify the proper beneficiary of the trust deed. However, the Oregon Trust Deed Act forbids post-sale challenges based on this technical defect in the notice of sale, for the reasons stated in Woods v. U.S. Bank N.A., __ F.3d __ (9th Cir. 2016). See Or. Rev. Stat. § 86.797(1) (formerly § 86.770(1)).

We need not consider whether Romani's appeal is also barred by issue preclusion. For this reason, appellees' motion for judicial notice is DENIED.

AFFIRMED.

FOOTNOTES

FOOTNOTE. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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