Richard Khan v. Specialized Loan Servicing LLC

• Court: Court of Appeals for the Ninth Circuit
• Decided: August 25, 2021
• Docket: 20-16781
• Status: Unpublished

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS AUG 25 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

RICHARD A. KHAN, No. 20-16781

Plaintiff-Appellant, D.C. No. 5:20-cv-03608-LHK

v. MEMORANDUM* SPECIALIZED LOAN SERVICING LLC; PRESTIGE DEFAULT SERVICES, a California Corporation,

Defendants-Appellees.

Appeal from the United States District Court for the Northern District of California Lucy H. Koh, District Judge, Presiding

Submitted August 17, 2021**

Before: SILVERMAN, CHRISTEN, and LEE, Circuit Judges.

Richard A. Khan appeals pro se from the district court’s judgment

dismissing his diversity action alleging California state law claims. We have

jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under Federal

* 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). Rule of Civil Procedure 12(b)(6) on the basis of the applicable statute of

limitations. Cholla Ready Mix, Inc. v. Civish, 382 F.3d 969, 973 (9th Cir. 2004).

We affirm.

The district court properly dismissed Khan’s action as time-barred because

Khan filed his action after the applicable statute of limitations had run. See Cal.

Code Civ. Proc. § 338(d) (claims for fraud in California have a three-year statute

of limitations); Salazar v. Thomas, 186 Cal. Rptr. 3d 689, 695 n.8 (Ct. App. 2015)

(California has a “catch-all” four-year limitations period); see also Walters v.

Boosinger, 205 Cal. Rptr. 3d 895, 904 (Ct. App. 2016) (four-year statute of

limitations applies even when the plaintiff alleges the underlying deed is void).

The district court properly denied Khan’s motion for remand. See Strotek

Corp. v. Air Transp. Ass’n. of Am., 300 F.3d 1129, 1133 (9th Cir. 2002)

(“Defendants who are nominal parties with nothing at stake may be disregarded in

determining diversity[.]”); see also Cal. Civ. Code § 2924l(a) & (d) (allowing

trustees to declare non-monetary status and granting that status if the declaration is

not objected to).

The district court did not abuse its discretion by dismissing Khan’s

complaint without leave to amend because amendment would have been futile.

See Cervantes v. Countrywide Home Loans, Inc., 656 F.3d 1034, 1041 (9th Cir.

2011) (setting forth standard of review and explaining that dismissal without leave

2 20-16781 to amend is proper when amendment would be futile).

We do not consider matters not specifically and distinctly raised and argued

in the opening brief, or arguments and allegations raised for the first time on

appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

AFFIRMED.

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