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Severino Rivac v. Ndex West, LLC
669 F. App'x 352
| 9th Cir. | 2016
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Docket

*1 Before: THOMAS, Chief Judge, and SCHROEDER and NGUYEN, Circuit Judges.

Severino and Warlita Rivac appeal the dismissal of their action. The district court issued its decision prior to the California Supreme Court’s decision in *2 Yvanova v. New Century Mortgage Corp ., 365 P.3d 845 (Cal. 2016), which held that a borrower had standing to bring a wrongful foreclosure action against the foreclosing party on the grounds that the assignment of the promissory note and deed of trust to the foreclosing party was void. In view of this subsequent California authority, we remand to the district court to reconsider its holding in light of Yvanova . We express no opinion as to the outcome of that inquiry.

REMANDED.

2

[*] This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. * * The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

Case Details

Case Name: Severino Rivac v. Ndex West, LLC
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Oct 6, 2016
Citation: 669 F. App'x 352
Docket Number: 14-15194
Court Abbreviation: 9th Cir.
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