Filed: Nov. 25, 2019
Latest Update: Mar. 03, 2020
Summary: NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS NOV 25 2019 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT BANK OF AMERICA, N.A., No. 18-16595 Plaintiff-Appellee, D.C. No. 2:16-cv-00604-GMN- CWH v. ALVIN SORIANO, MEMORANDUM* Defendant-Appellant, and CORTEZ HEIGHTS HOMEOWNERS ASSOCIATION, Defendants. Appeal from the United States District Court for the District of Nevada Gloria M. Navarro, District Judge, Presiding Submitted November 18, 2019** Before: CANBY, TASHIMA,
Summary: NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS NOV 25 2019 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT BANK OF AMERICA, N.A., No. 18-16595 Plaintiff-Appellee, D.C. No. 2:16-cv-00604-GMN- CWH v. ALVIN SORIANO, MEMORANDUM* Defendant-Appellant, and CORTEZ HEIGHTS HOMEOWNERS ASSOCIATION, Defendants. Appeal from the United States District Court for the District of Nevada Gloria M. Navarro, District Judge, Presiding Submitted November 18, 2019** Before: CANBY, TASHIMA, a..
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NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS NOV 25 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
BANK OF AMERICA, N.A., No. 18-16595
Plaintiff-Appellee, D.C. No. 2:16-cv-00604-GMN-
CWH
v.
ALVIN SORIANO, MEMORANDUM*
Defendant-Appellant,
and
CORTEZ HEIGHTS HOMEOWNERS
ASSOCIATION,
Defendants.
Appeal from the United States District Court
for the District of Nevada
Gloria M. Navarro, District Judge, Presiding
Submitted November 18, 2019**
Before: CANBY, TASHIMA, and CHRISTEN, Circuit Judges.
Alvin Soriano appeals pro se from the district court’s summary judgment in
*
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).
Bank of America, N.A.’s diversity action alleging state law claims related to a
foreclosure sale on real property. We have jurisdiction under 28 U.S.C. § 1291.
We review de novo. Progressive Cas. Ins. Co. v. Owen,
519 F.3d 1035, 1037 (9th
Cir. 2008). We vacate and remand.
The district court granted summary judgment, relying on this court’s
decision in Bourne Valley Court Trust v. Wells Fargo Bank, NA,
832 F.3d 1154
(9th Cir. 2016), that the notice scheme under which the foreclosure sale was
conducted was facially unconstitutional. However, after the district court’s order
was entered, this court in Bank of America, N.A. v. Arlington West Twilight
Homeowners Association,
920 F.3d 620 (9th Cir. 2019), held that Bourne Valley’s
analysis no longer controlled in light of the Nevada Supreme Court’s decision in
Bank of America, N.A. v. SFR Investments Pool 1, LLC,
427 P.3d 113 (Nev. 2018).
Because the district court did not have the benefit of the decision in Arlington West
when it entered its order, we vacate summary judgment and remand for further
proceedings. On remand, the district court should consider in the first instance
alternate bases for summary judgment and may consider supplemental filings.
We do not consider documents not presented to the district court. See
United States v. Elias,
921 F.2d 870, 874 (9th Cir. 1990).
2 18-16595
The parties shall bear their own costs on appeal.
VACATED and REMANDED.
3 18-16595