Legal Opinion
Baroni v. Bank of New York Mellon (In Re Baroni)
Court of Appeals for the Ninth Circuit
Decided February 8, 2018No. 16-56618Unpublished
1Opinion of the Court
MEMORANDUM **
Allana Baroni (“Baroni”) appeals the district court’s order affirming the bankruptcy court’s grant of summary judgment in favor of The Bank of New York Mellon (formerly known as “The Bank of New York”) (“BNYM”). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
1. Baroni’s note secured by a deed of trust is a “negotiable instrument” under Cal. Com. Code § 3104(a). Yvanova v. New Century Mortg. Corp., 62 Cal. 4th 919, 927, 199 Cal.Rptr.3d 66, 365 P.3d 845 (2016) (citing Creative Ventures, LLC v. Jim Ward & Assocs., 195 Cal. App. 4th 1430, 1445-46, 126 Cal.Rptr.3d 564…
2Cases cited4 opinions
- Yvanova v. New Century Mortgage Corp.California Supreme Court · 2016
- Veal v. American Home Mortgage Servicing, Inc. (In Re Veal)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
- Creative Ventures, LLC v. Jim Ward & AssociatesCalifornia Court of Appeal · 2011
- Smith v. CitiMortgage, Inc. (In re Smith)United States Bankruptcy Court, N.D. California · 2014