NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ROBERT VALENTE, 

Plaintiff-Appellant, 

 v. 

BANK OF AMERICA, NA; KELLER 

WILLIAMS REALTY, INC., 

Defendants-Appellees.

No. 20-16604 

D.C. No. 3:20-cv-01172-MMC 

MEMORANDUM*

Appeal from the United States District Court

for the Northern District of California

Maxine M. Chesney, District Judge, Presiding

Submitted November 8, 2021**

Before: CANBY, TASHIMA, and MILLER, Circuit Judges. 

Robert Valente appeals pro se from the district court’s judgment dismissing 

his diversity action alleging state law claims related to the purchase of a property 

and subsequent foreclosure proceedings. We have jurisdiction under 28 U.S.C. 

§ 1291. We review de novo a dismissal on the basis of the statute of limitations. 

* 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

NOV 17 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 20-16604 

Ellis v. City of San Diego, 176 F.3d 1183, 1188 (9th Cir. 1999). We affirm.

The district court properly dismissed Valente’s action as time-barred 

because Valente failed to file his action within the statutes of limitations. See Cal. 

Civ. Proc. Code § 335.1 (two-year statute of limitations for claim for injury to an 

individual caused by the wrongful act or neglect of another); id. § 337(a), (c) (fouryear statute of limitations for claim based on any contract, obligation or liability 

founded upon an instrument in writing, or based on the rescission of a contract in 

writing); id. § 338(d) (three-year statute of limitations for fraud claim); id. § 339(1) 

(two-year statute of limitations for professional negligence claim); Aryeh v. Canon 

Bus. Sols., Inc., 292 P.3d 871, 879-80 (Cal. 2013) (setting forth continuing-wrong 

accrual principles); see also Deutsch v. Turner Corp., 324 F.3d 692, 716-17 (9th 

Cir. 2003) (under California’s governmental-interest approach to choice-of-law 

rules, a California district court generally applies California’s statute of 

limitations).

The district court did not abuse its discretion by denying Valente leave to 

amend because amendment would have been futile. See Cervantes v. Countrywide 

Home Loans, Inc., 656 F.3d 1034, 1041 (9th Cir. 2011) (setting forth standard of 

review and explaining that a district court may dismiss without leave to amend 

when amendment would be futile).

The district court did not abuse its discretion by denying Valente’s motion to 
3 20-16604 

alter or amend the judgment under Federal Rule of Civil Procedure 59(e) because 

Valente failed to demonstrate any basis for relief. See Sch. Dist. No. 1J, 

Multnomah County, Or. v. ACandS, Inc., 5 F.3d 1255, 1262-63 (9th Cir. 1993) 

(setting forth standard of review and grounds for relief under Rule 59(e)). 

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).

Valente’s motion for leave to file an untimely reply brief is granted. The 

Clerk will file the reply brief received on March 22, 2021 (Docket Entry No. 20).

AFFIRMED.