CHARITY M. SEYMOUR, AKA Charity Pantalion Seymour v. Nationstar Mortgage LLC;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
CHARITY M. SEYMOUR, AKA Charity
Pantalion Seymour,
Plaintiff-Appellant,
v.
NATIONSTAR MORTGAGE LLC; et al.,
Defendants-Appellees,
and
WILSHIRE CREDIT CORPORATION
HOME LOANS DIRECT; et al.,
Defendants.
No. 20-15489
D.C. No. 2:19-cv-00564-MCE-KJN
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
Morrison C. England, Jr., District Judge, Presiding
Submitted December 14, 2021**
Before: WALLACE, CLIFTON, and HURWITZ, 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
DEC 20 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 20-15489
Charity M. Seymour appeals from the district court’s order dismissing her
action alleging violations of the Truth in Lending Act and state law claims. We
have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under
Federal Rule of Civil Procedure 12(b)(6) on the basis of res judicata. Mpoyo v.
Litton Electro-Optical Sys., 430 F.3d 985, 987 (9th Cir. 2005). We affirm.
The district court properly dismissed Seymour’s action because Seymour’s
claims were raised, or could have been raised, in Seymour’s prior federal action
between parties that were in privity with defendants and that resulted in a final
judgment on the merits. See id. at 987-88 (setting forth elements of res judicata
and explaining this court’s transaction test used to determine whether two actions
share a common nucleus of operative fact).
AFFIRMED.

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