DAWN DUNCAN V. WELLS FARGO HOME MORTGAGE, No. 11-17033 (9th Cir. 2012)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS NOV 20 2012 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT DAWN J. DUNCAN, No. 11-17033 Plaintiff - Appellant, D.C. No. 2:11-cv-00864-JCMPAL v. WELLS FARGO HOME MORTGAGE, INC.; NATIONAL DEFAULT SERVICING CORPORATION, MEMORANDUM * Defendants - Appellees. Appeal from the United States District Court for the District of Nevada James C. Mahan, District Judge, Presiding Submitted November 13, 2012 ** Before: CANBY, TROTT, and W. FLETCHER, Circuit Judges. Dawn J. Duncan appeals pro se from the district court s judgment dismissing her diversity action arising from foreclosure proceedings. We have jurisdiction * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). under 28 U.S.C. § 1291. We review de novo, Knievel v. ESPN, 393 F.3d 1068, 1072 (9th Cir. 2005), and we affirm. The district court properly dismissed Duncan s action because Duncan failed to allege facts sufficient to show that the notice and guide regarding a short sale option constituted an enforceable contract. See May v. Anderson, 119 P.3d 1254, 1257 (Nev. 2005) ( Basic contract principles require, for an enforceable contract, an offer and acceptance, meeting of the minds, and consideration. ). AFFIRMED. 2 11-17033

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