NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUL 28 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
In re: JOSE SOLANO, Jr., No. 20-60039
Debtor. BAP No. 19-1258
------------------------------
MEMORANDUM*
JOSE R. SOLANO, Jr.,
Appellant,
v.
MAGNUM PROPERTY INVESTMENTS,
LLC; SARINA GOERISCH,
Appellees.
In re: JOSE R. SOLANO, Jr., No. 20-60040
Debtor. BAP No. 19-1259
------------------------------
JOSE R. SOLANO, Jr.,
Appellant,
v.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
MAGNUM PROPERTY INVESTMENTS,
LLC; et al.,
Appellees.
Appeal from the Ninth Circuit
Bankruptcy Appellate Panel
Gan, Faris, and Spraker, Bankruptcy Judges, Presiding
Submitted July 19, 2021**
Before: SCHROEDER, SILVERMAN, and MURGUIA, Circuit Judges.
In these consolidated appeals, chapter 7 debtor Jose R. Solano, Jr. appeals
pro se from the Bankruptcy Appellate Panel’s (“BAP”) judgments affirming the
bankruptcy court’s orders dismissing Solano’s adversary proceeding and
remanding to state court a separate quiet title action. We have jurisdiction under
28 U.S.C. § 158(d). We review de novo BAP decisions and apply the same
standard of review that the BAP applied to the bankruptcy court’s rulings.
Boyajian v. New Falls Corp. (In re Boyajian), 564 F.3d 1088, 1090 (9th Cir. 2009).
We affirm.
The bankruptcy court properly dismissed Solano’s adversary proceeding
because Solano failed to allege facts sufficient to state any plausible claims. See
**
The panel unanimously concludes these cases are suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2). Solano’s request for oral
argument, set forth in the consolidated opening brief, is denied.
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20-60040
Ashcroft v. Iqbal, 556 U.S. 662, 678, 681 (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” and conclusory allegations are not entitled to be
assumed true (citation and internal quotation marks omitted)); Tracht Gut, LLC v.
L.A. County Treasurer & Tax Collector (In re Tracht Gut, LLC), 836 F.3d 1146,
1150 (9th Cir. 2016) (standard of review); Kearns v. Ford Motor Co., 567 F.3d
1120, 1124-25 (9th Cir. 2009) (discussing heightened pleading standard under
Rule 9(b), which applies to state law claims alleging fraudulent conduct).
We reject as meritless Solano’s contentions that the bankruptcy court was
required to state findings of fact or conclusions of law in its order of dismissal, see
Fed. R. Civ. P. 52(c); Fed. R. Bankr. P. 7052, or violated his due process rights.
We do not consider the bankruptcy court’s remand order in light of Solano’s
affirmative waiver of this issue in the consolidated opening brief.
AFFIRMED.
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20-60040