U.S. Court of Appeals for the Ninth Circuit, 2016

Severino Rivac v. Ndex West, LLC

Severino Rivac v. Ndex West, LLC
U.S. Court of Appeals for the Ninth Circuit · Decided October 6, 2016 · Thomas, Schroeder, Nguyen
669 F. App'x 352

Severino Rivac v. Ndex West, LLC

Opinion

MEMORANDUM **

Severino and Warlita Rivac appeal the dismissal of their action. The district court issued its decision prior to the California Supreme Court’s decision in Yvanova v. New Century Mortgage Corp., 62 Cal.4th 919, 199 Cal.Rptr.3d 66, 365 P.3d 845 (2016), which held that a borrower had standing to bring a wrongful foreclosure action against the foreclosing party on the grounds that the assignment of the promissory note and deed of trust to the foreclosing party was void. In view of this subsequent California authority, we remand to the district court to reconsider its holding in light of Yvanova. We express no opinion as to the outcome of that inquiry.

REMANDED.

**

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

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