MULATO v. WELLS FARGO BANK NA (2018)

United States Court of Appeals, Ninth Circuit.

Yolanda Bumatay MULATO and Zosima Bumatay Mulato, Plaintiffs-Appellants, v. WELLS FARGO BANK, N.A. and Wells Fargo Home Mortgage, a division of Wells Fargo Bank NA, Defendants-Appellees.

No. 17-15011

Decided: September 13, 2018

Before: BERZON and FRIEDLAND, Circuit Judges, and DOMINGUEZ,** District Judge.

Richard A. Canatella, Esquire, Attorney, Cotter & Del Carlo, San Francisco, CA, for Plaintiffs - Appellants Lindsey Kress, Attorney, Regina J. McClendon, Attorney, Locke Lord LLP, San Francisco, CA, for Defendants - Appellees

MEMORANDUM ***

Yolanda Mulato appeals from the denial of her motion to vacate a judgment in favor of Wells Fargo. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we AFFIRM.

“[M]ootness by reason of settlement does not justify vacatur of a judgment under review.” U.S. Bancorp Mortg. Co. v. Bonner Mall P’ship, 513 U.S. 18, 29, 115 S.Ct. 386, 130 L.Ed.2d 233 (1994). Here, Mulato voluntarily settled her claims against Wells Fargo. The record makes clear that the settlement was neither “happenstance” nor unrelated to this litigation. Her argument that the underlying judgment in favor of Wells Fargo should be vacated is therefore foreclosed by U.S. Bancorp.

AFFIRMED.

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