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Duncan v. Wells Fargo Home Mortg., Inc.

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Nov 20, 2012
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NOT FOR PUBLICATION

MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


Appeal from the United States District Court
for the District of Nevada James C. Mahan, District Judge, Presiding

Before: CANBY, TROTT, and W. FLETCHER, Circuit Judges.

Dawn J. Duncan appeals pro se from the district court's judgment dismissing her diversity action arising from foreclosure proceedings. We have jurisdiction under 28 U.S.C. ยง 1291. We review de novo, Knievel v. ESPN, 393 F.3d 1068, 1072 (9th Cir. 2005), and we affirm.

The district court properly dismissed Duncan's action because Duncan failed to allege facts sufficient to show that the notice and guide regarding a short sale option constituted an enforceable contract. See May v. Anderson, 119 P.3d 1254, 1257 (Nev. 2005) ("Basic contract principles require, for an enforceable contract, an offer and acceptance, meeting of the minds, and consideration.").

AFFIRMED.