Metlife Home Loans LLC v. River Glider Avenue Trust

• Court: Court of Appeals for the Ninth Circuit
• Decided: January 13, 2022
• Docket: 21-15564
• Status: Unpublished

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JAN 13 2022 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

METLIFE HOME LOANS LLC, No. 21-15564

Plaintiff-Appellee, D.C. No. 2:17-cv-00215-JCM-BNW v.

RIVER GLIDER AVENUE TRUST, MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court for the District of Nevada James C. Mahan, District Judge, Presiding

Submitted January 11, 2022** Pasadena, California

Before: WALLACE, BOGGS,*** and FRIEDLAND, Circuit Judges.

River Glider Avenue Trust appeals from the district court’s summary

judgment in favor of MetLife Home Loans LLC. Reviewing de novo, we affirm

* 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). *** The Honorable Danny J. Boggs, United States Circuit Judge for the U.S. Court of Appeals for the Sixth Circuit, sitting by designation. because River Glider has failed to present any evidence that the HOA expressly

allocated the homeowners’ partial payments to any specific portion of its lien, and

thus has failed to establish a genuine dispute of material fact. See Fed. Home Loan

Mortg. Corp. v. SFR Invs. Pool 1, LLC, 893 F.3d 1136, 1144 (9th Cir. 2018)

(setting forth summary judgment standard).

AFFIRMED.