LAKE v. DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE FOR CERTIFICATE HOLDERS OF DOVER MORTGAGE CAPITAL 2005 CORPORATION 2005 (2018)

MEMORANDUM **

Wayne R. Lake and Cynthia A. Lake appeal from the district court’s judgment dismissing their action alleging Fair Debt Collection Practices Act (“FDCPA”) claims. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. Kwan v. SanMedica Int’l, 854 F.3d 1088, 1093 (9th Cir. 2017). We affirm.

The district court properly dismissed the FDCPA claim under 15 U.S.C. § 1692f(6) because the Lakes failed to allege facts sufficient to show that defendant lacked a present right to possession of the property through an enforceable security interest. See 15 U.S.C. § 1692f(6); Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (to avoid dismissal, “a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face” (citation and internal quotation marks omitted) ).

We do not consider matters not specifically and distinctly raised and argued in the opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

AFFIRMED.