Dena Pope v. Aegis Wholesale Corp

Ninth Circuit

Dena Pope v. Aegis Wholesale Corp

565 F. App'x 627

CourtCourt of Appeals for the Ninth Circuit

DecidedMarch 24, 2014

Docket12-16413

StatusUnpublished

This text of 565 F. App'x 627 (Dena Pope v. Aegis Wholesale Corp) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Dena Pope v. Aegis Wholesale Corp, 565 F. App'x 627 (9th Cir. 2014).

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Opinion

MEMORANDUM ***

Dena Pope appeals from the district court’s dismissal of her first amended complaint for failure to state a claim in this action arising out of foreclosure proceedings. Appellees have moved to dismiss this appeal as moot because the trustee has now sold the property to an independent third party. We grant the motion and dismiss the appeal.

Pope failed to obtain injunctive relief before the trustee’s sale of the property. Under Arizona law, she has now waived any defenses and objections to the sale. See Ariz.Rev.Stat. § 33-811(C) (defenses and objections to a trustee’s sale are waived if they are not raised in an action resulting in injunctive relief before the sale); BT Capital, LLC v. TD Serv. Co. of Ariz., 229 Ariz. 299, 275 P.3d 598, 600 (2012) (en banc) (“Where, as here, a trustee’s sale is completed, a person subject to § 33-811(C) cannot later challenge the sale based on pre-sale defenses or objections.”). In light of the foreclosure, the remedy Pope seeks in her first amended complaint is therefore moot. See Am. Cas. Co. of Reading, Pa. v. Baker, 22 F.3d 880, 896 (9th Cir.1994) (a case is moot when there is no longer a present controversy as to which effective relief can be granted).

The district court’s order granting defendants’ motion to dismiss is vacated. See ACLU of Nev. v. Masto, 670 F.3d 1046, 1065 (9th Cir.2012).

DISMISSED.

***

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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MEMORANDUM ***

Dena Pope appeals from the district court’s dismissal of her first amended complaint for failure to state a claim in this action arising out of foreclosure proceedings. Appellees have moved to dismiss this appeal as moot because the trustee has now sold the property to an independent third party. We grant the motion and dismiss the appeal.

Pope failed to obtain injunctive relief before the trustee’s sale of the property. Under Arizona law, she has now waived any defenses and objections to the sale. See Ariz.Rev.Stat. § 33-811(C) (defenses and objections to a trustee’s sale are waived if they are not raised in an action resulting in injunctive relief before the sale); BT Capital, LLC v. TD Serv. Co. of Ariz., 229 Ariz. 299, 275 P.3d 598, 600 (2012) (en banc) (“Where, as here, a trustee’s sale is completed, a person subject to § 33-811(C) cannot later challenge the sale based on pre-sale defenses or objections.”). In light of the foreclosure, the remedy Pope seeks in her first amended complaint is therefore moot. See Am. Cas. Co. of Reading, Pa. v. Baker, 22 F.3d 880, 896 (9th Cir.1994) (a case is moot when there is no longer a present controversy as to which effective relief can be granted).

The district court’s order granting defendants’ motion to dismiss is vacated. See ACLU of Nev. v. Masto, 670 F.3d 1046, 1065 (9th Cir.2012).

DISMISSED.

***

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

22 F.3d 880 (Ninth Circuit, 1994)

Bt Capital v. Td Service Co. of Arizona

275 P.3d 598 (Arizona Supreme Court, 2012)

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565 F. App'x 627, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dena-pope-v-aegis-wholesale-corp-ca9-2014.

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