Sepideh Cirino v. Rescap Borrower Claims Trust, 667 F. App'x 248 (9th Cir. 2016). · Go Syfert
Sepideh Cirino v. Rescap Borrower Claims Trust, 667 F. App'x 248 (9th Cir. 2016). Cases Citing This Book View Copy Cite
8 citation events (8 in the last 25 years) across 4 distinct courts.
Strongest positive: Harvey v. Maxwell & Morgan P.C. (azd, 2024-09-05)
Top citers, strongest first. 7 distinct citers. How cited ↗
cited Cited as authority (rule) Harvey v. Maxwell & Morgan P.C.
D. Ariz. · 2024 · confidence medium
LLC, 667 F. App’x 248, 249 (9th Cir. 2016).
cited Cited as authority (rule) Bailey v. Oregon Supreme Court
D. Or. · 2024 · confidence medium
LLC, 667 F. App’x 248, 249 (9th Cir. 2016) (citing § 1341); see also Ross v. Orange Cnty.
cited Cited as authority (rule) Hoffman v. United States Department of Health and Human Services
N.D. Cal. · 2024 · confidence medium
LLC, 19 667 F. App’x 248, 249 (9th Cir. 2016); Sun Sav. & Loan Ass’n v. Dierdorff, 825 F.2d 187 , 195 20 (9th Cir. 1987).
discussed Cited as authority (rule) Clancy v. Mancuso (2×) also: Cited "see"
N.D. Cal. · 2022 · confidence medium
LLC, 667 F. App’x 248, 249 (9th Cir. 2016) (citing 18 2 U.S.C. § 1341 ); see also Ross v. Orange Cnty.
discussed Cited as authority (rule) Poorsina v. Tseng
N.D. Cal. · 2022 · confidence medium
LLC, 667 F. App’x 248, 249 (9th Cir. 17 2016) (affirming dismissal of mail fraud claim “because the mail fraud statute does not 18 provide a private right of action”).5 Accordingly, Plaintiff’s second claim for mail fraud 19 shall be dismissed without leave to amend.
discussed Cited as authority (rule) Chlentzos-Williams v. Square Inc
W.D. Wash. · 2022 · confidence medium
LLC, 667 F. App’x 248, 249 (9th Cir. 9 2016) (“Dismissal of [pro se plaintiff’s] mail fraud claim was proper because the mail fraud 10 statute does not provide a private right of action.” (citing 18 U.S.C. § 1341 )).
discussed Cited "see" Kulikova v. NewRez LLC
N.D. Cal. · 2024 · signal: see · confidence high
See Cirino v. GMAC 5 Mortgage LLC, 667 Fed.
Retrieving the full opinion text from the archive…
Sepideh CIRINO, an Individual, Plaintiff-Appellant,
v.
GMAC MORTGAGE LLC, a Delaware Limited Liability Company; Et Al., Defendant-Appellees
12-56038.
Court of Appeals for the Ninth Circuit.
Jun 22, 2016.
667 F. App'x 248
Sepideh Cirino, Laguna Hills, CA, Pro Se., Robert James Gandy, Attorney, Sever-son & Werson, Irvine, CA, Elizabeth Holt Andrews, Esquire, Jon D. Ives, Esquire, Attorney, Bernard Kornberg, Attorney, Severson <& Werson APC, San Francisco, CA, for Defendants-Appellees.
Bea, Watford, Friedland.
Cited by 7 opinions  |  Unpublished  |  Civil

MEMORANDUM **

Sepideh Cirino appeals pro se from the district court’s judgment dismissing her action alleging federal claims relating to her mortgage and the foreclosure of her property. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a district court’s dismissal for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). Hebbe v. Pliler, 627 F.3d 338, 341 (9th Cir. 2010). We may affirm on any ground supported by the record. Enlow v. Salem-Keizer Yellow Cab Co., 389 F.3d 802, 811 (9th Cir. 2004). We affirm.

Dismissal of Cirino’s Fair Debt Collection Practices Act (“FDCPA”) claim was proper because Cirino failed to allege facts sufficient to show that any defendant is a debt collector within the meaning of the FDCPA. See 15 U.S.C. § 1692a(6) (definition of “debt collector” under FDCPA); Schlegel v. Wells Fargo Bank, NA, 720 F.3d 1204, 1208 (9th Cir. 2013) (complaint “must plead factual content that allows the court to draw the reasonable inference” that defendant is a “debt collector” as defined by the FDCPA (citations and internal quotation marks omitted)).

The district court properly dismissed Cirino’s Fair Credit Reporting Act (“FCRA”) claim because Cirino failed to allege facts sufficient to show that she gave proper notice under the FCRA. See 15 U.S.C. § 1681s—2(b); see also Nelson v. [*249] Chase Manhattan Mortg. Corp., 282 F.3d 1057, 1059-60 (9th Cir. 2002) (the FCRA requires consumers to “filter” their complaints about inaccurate information through the credit reporting agency).

Dismissal of Cirino’s mail fraud claim was proper because the mail fraud statute does not provide a private right of action. See 18 U.S.C. § 1341.

Cirino has waived any challenge to the dismissal of her claims under the Racketeer Influenced and Corrupt Organization Act and securities acts by agreeing to the dismissal of these claims before the district court. See Mendoza v. Block, 27 F.3d 1357, 1360 (9th Cir. 1994) (“In order to preserve an issue for appeal, a party must make known to the court any objection to the court’s action.”).

The district court did not abuse its discretion in denying Cirino further leave to amend because the deficiencies in Cirino’s amended complaint could not be cured by amendment. See Lopez v. Smith, 203 F.3d 1122, 1130 (9th Cir. 2000) (en banc) (setting forth standard of review and explaining that leave to amend should be given unless the deficiencies in the complaint cannot be cured by amendment).

AFFIRMED.

**

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