SEVERINO RIVAC V. NDEX WEST, LLC, No. 14-15194 (9th Cir. 2016)
Annotate this Case
Download PDF
FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS OCT 06 2016 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT SEVERINO RIVAC and WARLITA RIVAC, No. 14-15194 D.C. No. 4:13-cv-01417-PJH Plaintiffs-Appellants, MEMORANDUM* v. NDEX WEST, LLC; et al., Defendants-Appellees. Appeal from the United States District Court for the Northern District of California Phyllis J. Hamilton, Chief Judge, Presiding Submitted October 6, 2016** San Francisco, California Before: THOMAS, Chief Judge, and SCHROEDER and NGUYEN, Circuit Judges. 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 * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Yvanova v. New Century Mortgage Corp., 365 P.3d 845 (Cal. 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. 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
