Legal Opinion
Allana Baroni v. Bank of New York Mellon
Court of Appeals for the Ninth Circuit
Decided February 8, 2018No. 16-56617Unpublished
1Opinion of the Court
MEMORANDUM **
Allana Baroni (“Baroni”) appeals the district court’s order affirming the bankruptcy court’s summary judgment rulings in favor of CIT Bank, N.A. (formerly known as “OneWest Bank N.A.”) (“OneW-est”). 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 (2011) (applying…
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