Bayardo Sandy v. Bank of America Corp.
678 F. App'x 579
| 9th Cir. | 2017Background
- Bayardo Reno Sandy, pro se, sued various defendants over pre-foreclosure conduct, alleging federal and state claims including quiet title, HAMP-related claims, harassment, bankruptcy fraud, and conspiracy.
- Defendants moved to dismiss under Federal Rule of Civil Procedure 12(b)(6).
- The district court dismissed the complaint for failure to state a plausible claim, granted judicial notice of public records, and denied Sandy’s requests for default judgment.
- Sandy appealed the dismissal and other district-court rulings; he also moved to quash the answering brief and certificate of service.
- The Ninth Circuit reviewed the 12(b)(6) dismissal de novo and affirmed the district court in full.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Sandy stated a viable quiet title claim | Sandy alleged entitlement to quiet title over the property | Complaint lacked factual allegations showing superior title | Dismissed: Sandy failed to plead facts to plausibly show good title in himself |
| Whether claims labeled "harassment" and "bankruptcy fraud" are cognizable civil causes of action | Sandy advanced these labels as causes of action arising from pre-foreclosure conduct | Labels do not create recognized civil causes of action | Dismissed: claims not cognizable |
| Whether dismissal as to non-appearing defendants was improper | Sandy argued defendants were dismissed without proper consideration | Defendants argued Sandy had notice and could not obtain relief on the claims | Affirmed: dismissal proper where plaintiff had notice and relief was impossible |
| Whether district court abused discretion by denying default judgment and granting judicial notice | Sandy sought default judgment; opposed judicial notice | Defendants showed appearances and moved to dismiss; public records were appropriately noticed | Affirmed: denial of default judgment appropriate; judicial notice of public records proper |
Key Cases Cited
- Hebbe v. Pliler, 627 F.3d 338 (9th Cir. 2010) (standard for de novo review of 12(b)(6) dismissal and liberal construction of pro se pleadings)
- Breliant v. Preferred Equities Corp., 918 P.2d 314 (Nev. 1996) (plaintiff bears burden to prove good title in quiet title action)
- Wong v. Bell, 642 F.2d 359 (9th Cir. 1981) (court may dismiss sua sponte for failure to state a claim if plaintiff had notice and opportunity to oppose)
- Sparling v. Hoffman Constr. Co., 864 F.2d 635 (9th Cir. 1988) (dismissal appropriate where plaintiffs could not possibly obtain relief)
- Eitel v. McCool, 782 F.2d 1470 (9th Cir. 1986) (factors governing entry of default judgment)
- Skilstaf, Inc. v. CVS Caremark Corp., 669 F.3d 1005 (9th Cir. 2012) (standard for review of judicial notice of public records)
- Padgett v. Wright, 587 F.3d 983 (9th Cir. 2009) (appellate court will not consider issues not raised in opening brief)