FILED
NOT FOR PUBLICATION
OCT 06 2016
UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
SEVERINO RIVAC and WARLITA No. 14-15194
RIVAC,
D.C. No. 4:13-cv-01417-PJH
Plaintiffs-Appellants,
v. MEMORANDUM*
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