Summary
holding that the district court properly dismissed the plaintiff's complaint for failure to state a claim for a violation of RESPA because plaintiff suffered no damages as required under § 2605(f), which allows the recovery of "actual damages"
Summary of this case from Helm v. Freedom Mortg. Corp.Opinion
No. 08-55929.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed March 3, 2010.
Adaku E. Eronini, San Jacinto, CA, pro se.
John M. Sorich, Esquire, Adorno, Yoss, Alvarado and Smith, Santa Ana, CA, for Defendants-Appellees.
Appeal from the United States District Court for the Central District of California, Virginia A Phillips, District Judge, Presiding. D.C. No. 5:08-cv-00177-VAP-JCR.
Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Adaku E. Eronini appeals pro se from the district court's order dismissing for failure to state a claim her action alleging violations of the Real Estate Settlement and Procedures Act ("RESPA"), 12 U.S.C. § 2601, et seq., and California state law. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Miller v. Yokohama Tire Corp., 358 F.3d 616, 619 (9th Cir. 2004). We affirm.
The district court properly dismissed the action because Eronini suffered no damages as a result of the alleged RESPA violation. See 12 U.S.C. § 2605(f)(1)(A) (allowing recovery of "actual damages"). We do not consider arguments that Eronini presented for the first time on appeal. See Turnacliff v. Westly, 546 F.3d 1113, 1120 (9th Cir. 2008).
Eronini's remaining contentions are unpersuasive.