MEMORANDUM **
Richard and Kimberly Gray appeal from the district courts dismissal with prejudice of their operative complaint. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
The operative complaint failed to state a claim for relief because the credit report was not misleading or inaccurate in violation of the federal Fair Credit Reporting Act or Californias Consumer Credit Reporting Agencies Act. First, neither Richard Grays bankruptcy discharge nor section 580b of the California Code of Civil Procedure affected Kimberly Grays responsibility to make the loan payments before a foreclosure of the property. See Blixseth v. Credit Suisse, 961 F.3d 1074, 1082 (9th Cir. 2020); Cal. Civ. Proc. Code § 580b (2005). Second, the report of the overdue payments is accurate and relevant to Kimberly Grays creditworthiness, notwithstanding the fact that the only recourse the lender had for Kimberlys failure to pay the overdue amount would be to foreclose on the property. See Carvalho v. Equifax Info. Servs., LLC, 629 F.3d 876, 891 (9th Cir. 2010). Because Kuns v. Ocwen Loan Servicing, LLC, considered a postforeclosure credit report that included the amount of the uncollectible deficiency resulting from the foreclosure sale, 611 F. Appx 398, 400 (9th Cir. 2015), even were it binding on us, it would have no bearing on the pre-foreclosure credit report at issue in this case. Contrary to the Grays’ argument, there is no factual dispute for the jury. Cf. Drew v. Equifax Info. Servs., LLC, 690 F.3d 1100, 1108 (9th Cir. 2012). The Grays’ claim under Californias Unfair Business Practices Act is predicated on the same credit reporting allegations and therefore fails for the reasons we have stated. We therefore affirm the district courts dismissal.
Further, the Grays’ opening brief on appeal failed to raise a challenge to the district courts dismissal of the operative complaint on the ground that it was an improper request for reconsideration of the courts dismissal of their second amended complaint. Therefore, the Grays forfeited this claim, and we also affirm the district courts dismissal on that basis. Padgett v. Wright, 587 F.3d 983, 985–86 & n.2 (9th Cir. 2009) (per curiam).
AFFIRMED.