White v. Prestige Default Services, LLC

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUN 27 2025 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT JEAN WHITE, No. 23-3250 D.C. No. 2:22-cv-00199-RFB-NJK Plaintiff - Appellant, v. MEMORANDUM* PRESTIGE DEFAULT SERVICES, LLC; RG INSURANCE TRUST, Defendants - Appellees. Appeal from the United States District Court for the District of Nevada Richard F. Boulware, II, District Judge, Presiding Submitted June 18, 2025** Before: CANBY, S.R. THOMAS, and SUNG, Circuit Judges. Jean White appeals from the district court’s order dismissing her action alleging federal and state law claims arising out of foreclosure proceedings. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a sua sponte * 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). dismissal under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. Omar v. Sea-Land Serv., Inc., 813 F.2d 986, 991 (9th Cir. 1987). We affirm. The district court properly dismissed White’s claims against Prestige Default Services, LLC, because White failed to allege facts sufficient to state a plausible claim for relief. See Hinds Invs., L.P. v. Angioli, 654 F.3d 846, 850 (9th Cir. 2011) (“Dismissal is proper where there is either a lack of a cognizable legal theory or the absence of sufficient facts alleged under a cognizable legal claim.”); see also Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (to avoid dismissal, “a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face” (citation and internal quotation marks omitted)). We do not consider arguments and allegations raised for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009). AFFIRMED. 2 23-3250