FILED
NOT FOR PUBLICATION
FEB 25 2020
UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
AMANY SIMMONDS, No. 18-56536
Plaintiff-Appellant, D.C. No.
8:18-cv-01280-JVS-JDE
v.
WELLS FARGO BANK, N.A.; DOES, 1- ORDER*
100, inclusive,
Defendants-Appellees.
Appeal from the United States District Court
for the Central District of California
James V. Selna, District Judge, Presiding
Submitted February 6, 2020**
Pasadena, California
Before: BOGGS,*** IKUTA, and CHRISTEN, Circuit Judges.
*
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).
***
The Honorable Danny J. Boggs, United States Circuit Judge for the
U.S. Court of Appeals for the Sixth Circuit, sitting by designation.
Amany Simmonds appeals the district court’s order denying her motion to
remand and granting Wells Fargo’s motion to dismiss. We dismiss Simmonds’s
appeal as moot.
Simmonds’s complaint claims only that Wells Fargo violated state laws in
recording a “Substitution of Trustee” and a “Notice of Default and Election to Sell
under a Deed of Trust” against the real property at issue in this appeal, and requests
that these recorded documents be voided, canceled and set aside. Because the
property was sold on November 29, 2018, the cancellation of the recorded
documents would have no effect. Moreover, Simmonds has waived any claim for
damages by asserting in her opening brief on appeal that she is seeking only
injunctive relief. Accordingly, Simmonds’s appeal is moot. See Chafin v. Chafin,
568 U.S. 165, 172 (2013). We decline Simmonds’s request to issue an advisory
opinion regarding whether the recorded notices met state requirements. See Shell
Offshore Inc. v. Greenpeace, Inc., 815 F.3d 623, 628 (9th Cir. 2016).
The copy of this order shall constitute the mandate of this Court.1
DISMISSED.
1
Each party shall bear its own costs.
2