Levi A. Lake, an individual v. Premier Financial Services Inc

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
LEVI A. LAKE, an individual,
Plaintiff-Appellant,
v.
PREMIER FINANCIAL SERVICES INC,
Defendant,
and
MTGLQ INVESTORS LP, a Delaware
limited partnership; OHIO SAVINGS
BANK, AKA AmTrust Bank, a Delaware
Corporation,
Defendants-Appellees.
No. 17-35759
D.C. No. 2:17-cv-00495-JLR
MEMORANDUM*
Appeal from the United States District Court
for the Western District of Washington
James L. Robart, District Judge, Presiding
Submitted April 11, 2018**
Before: SILVERMAN, PAEZ, and OWENS, Circuit Judges.
* 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).
FILED
APR 16 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 17-35759
Levi A. Lake appeals pro se from the district court’s summary judgment in
his diversity action alleging a quiet title claim. We have jurisdiction under 28
U.S.C. § 1291. We review de novo, Animal Legal Def. Fund v. U.S. Food & Drug
Admin., 836 F.3d 987, 990 (9th Cir. 2016), and we affirm.
The district court properly granted summary judgment because Lake failed
to raise a genuine dispute of material fact as to whether he was entitled to quiet
title on his property. See Wash. Rev. Code § 7.28.120 (elements of quiet title
claim); Walker v. Quality Loan Serv. Corp., 308 P.3d 716, 728 (Wash. Ct. App.
2013), as modified (Aug. 26, 2013) (“A plaintiff in an action to quiet title must
prevail, if he prevails at all, on the strength of his own title, and not on the
weakness of the title of his adversary.” (citation omitted)); see also 4518 S. 256th,
LLC v. Karen L. Gibbon, P.S., 382 P.3d 1, 6 (Wash. Ct. App. 2016) (the deed of
trust foreclosure remedy is subject to a six-year statute of limitations).
We do not consider matters not specifically and distinctly raised and argued
in the opening brief, or arguments and allegations raised for the first time on
appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
AFFIRMED.

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