Robert Demetriou v. Jp Morgan Chase Bank, N.A. , 624 F. App'x 598 ( 2015 )

FILED
NOT FOR PUBLICATION DEC 16 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ROBERT JAMES DEMETRIOU, No. 12-56657
Plaintiff - Appellant, D.C. No. 2:11-cv-05522-JFW-
VBK
v.
J.P. MORGAN CHASE BANK, N.A., MEMORANDUM*
Defendant - Appellee.
Appeal from the United States District Court
for the Central District of California
John F. Walter, District Judge, Presiding
Submitted: December 9, 2015**
Before: WALLACE, RAWLINSON, and IKUTA, Circuit Judges.
Robert James Demetriou appeals pro se from the district court’s summary
judgment in his diversity action arising from foreclosure proceedings. We have
jurisdiction under 28 U.S.C. § 1291. We review de novo. Kaplan v. City of N. Las
Vegas, 323 F.3d 1226, 1229 (9th Cir. 2003). We affirm.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
The district court properly granted summary judgment because JP Morgan
Chase Bank, N.A. had statutory authority to initiate nonjudicial foreclosure
proceedings. See Cal. Civ. Code § 2924(a)(1) (a “trustee, mortgagee, or
beneficiary, or any of their authorized agents” may initiate the foreclosure
process); see also Jenkins v. JP Morgan Chase Bank, N.A., 156 Cal. Rptr. 3d 912,
928 (Ct. App. 2013) (holding that a loan servicer, as agent for the beneficiary, may
record a notice of default and initiate nonjudicial foreclosure); Gomes v.
Countrywide Home Loans, Inc., 121 Cal. Rptr. 3d 819, 824 (Cal. Ct. App. 2011)
(California law does not “provide for a judicial action to determine whether the
person initiating the foreclosure process is indeed authorized” absent “a specific
factual basis for alleging that the foreclosure was not initiated by the correct
party”).
We do not consider Demetriou’s judicial estoppel argument because it was
raised for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2
(9th Cir. 2009).
Appellee’s uncontested request for judicial notice, filed on June 13, 2013, is
granted.
AFFIRMED.
2 12-56657