James Jones, Jr. v. Recon Trust Company

U.S. Court of Appeals for the Ninth Circuit
James Jones, Jr. v. Recon Trust Company, 599 F. App'x 328 (9th Cir. 2015)

James Jones, Jr. v. Recon Trust Company

Opinion

MEMORANDUM **

James L. Jones, Jr., appeals pro se from the district court’s summary judgment in his diversity action seeking to quiet title. 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), and we affirm.

The district court properly granted summary judgment in Jones’s quiet title action because Jones failed to raise a genuine dispute of material fact as to whether the mortgagee’s interest in the subject proper *329 ty had been satisfied. See Farrell v. West, 57 Ariz. 490, 114 P.2d 910, 911 (1941) (where “it appears there is an unsatisfied balance due to a defendant-mortgagee, or his assignee, the court will not quiet the title until and unless [plaintiff] pays off such mortgage lien”).

We deny Jones’s request for judicial notice set forth in his opening brief. We reject Jones’s contentions regarding subject matter jurisdiction and due process in the district court.

AFFIRMED.

**

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

Reference

Full Case Name
James L. JONES, Jr., Plaintiff-Appellant, v. RECONTRUST COMPANY, a Wholly Owned Subsidiary of Bank of America; Et Al., Defendants-Appellees
Status
Unpublished