BROWN v. WELLS FARGO BANK FSB FSB (2021)

MEMORANDUM **

Suzanne Brown appeals pro se from the district court's judgment dismissing her diversity action arising out of foreclosure proceedings. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion the denial of leave to amend. Cervantes v. Countrywide Home Loans, Inc., 656 F.3d 1034, 1041 (9th Cir. 2011). We affirm.

The district court did not abuse its discretion by denying leave to amend Brown's first amended complaint to allege a California Homeowner Bill of Rights (“HOBR”) claim based on her proposed allegations that defendant was required to provide her with a loan modification. See Cal. Civ. Code § 2923.4 (explaining that “the purpose of [HOBR] ․ is to ensure that, as part of the nonjudicial foreclosure process, borrowers are considered for, and have a meaningful opportunity to obtain, available loss mitigation options,” but that nothing in HOBR “require[s] a particular result of that process”); Mabry v. Superior Ct., 185 Cal.App.4th 208, 110 Cal. Rptr. 3d 201, 211 (2010) (“Section 2923.6 merely expresses the hope that lenders will offer loan modifications on certain terms.” (emphasis is original)); see also Cervantes, 656 F.3d at 1041 (leave to amend may be denied where amendment would be futile).

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

Defendant's request for judicial notice is denied as unnecessary.

AFFIRMED.