GLORIA ROMANI V. WELLS FARGO BANK, NA, No. 14-35018 (9th Cir. 2016)
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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS AUG 03 2016 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT GLORIA A. ROMANI, Plaintiff - Appellant, No. 14-35018 D.C. No. 3:11-cv-00382-PA v. MEMORANDUM* WELLS FARGO BANK, N.A., DBA Wells Fargo Home Mortgage, Inc.; et al., Defendants - Appellees. Appeal from the United States District Court for the District of Oregon Owen M. Panner, Senior District Judge, Presiding Argued and Submitted November 6, 2015 Portland, Oregon Before: BERZON and WATFORD, Circuit Judges, and SOTO,** District Judge. The district court properly entered summary judgment for the defendants and denied Gloria Romani’s motion for leave to amend her complaint as futile. Romani argues that the foreclosure sale of her property was invalid because the * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable James Alan Soto, United States District Judge for the U.S. District Court for the District of Arizona, sitting by designation. Page 2 of 2 notice of sale that she received did not identify the proper beneficiary of the trust deed. However, the Oregon Trust Deed Act forbids post-sale challenges based on this technical defect in the notice of sale, for the reasons stated in Woods v. U.S. Bank N.A., __ F.3d __ (9th Cir. 2016). See Or. Rev. Stat. § 86.797(1) (formerly § 86.770(1)). We need not consider whether Romani’s appeal is also barred by issue preclusion. For this reason, appellees’ motion for judicial notice is DENIED. AFFIRMED.
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