
    IN RE: Allana BARONI, Debtor, Allana Baroni, Appellant, v. The Bank of New York Mellon, FKA The Bank of New York, As Successor Trustee of JPMorgan Chase Bank, N.A. as Trustee for the Holders of Sami II Trust 2006-AR6 Mortgage Pass through Certificates, Series 2006-AR6, Appellee.
    No. 16-56617
    United States Court of Appeals, Ninth Circuit.
    Submitted February 6, 2018 
       San Francisco, California
    Filed February 08, 2018
    Richard Lawrence Antognini, Law Office of Richard L. Antognini, Grass Valley, CA, for Appellant
    Justin Donald Balser, Melissa L. Ciz-morris, Attorney, Akerman LLP, Denver, CO, for Appellee
    Before: THOMAS, Chief Judge, and D.W. NELSON and CHRISTEN, Circuit Judges.
    
      
       The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
    
   MEMORANDUM

Allana Baroni (“Baroni”) appeals the district court’s order affirming the bankruptcy court’s grant of summary judgment in favor of The Bank of New York Mellon (formerly known as “The Bank of New York”) (“BNYM”). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

1. Baroni’s note secured by a deed of trust is a “negotiable instrument” under Cal. Com. Code § 3104(a). Yvanova v. New Century Mortg. Corp., 62 Cal. 4th 919, 927, 199 Cal.Rptr.3d 66, 365 P.3d 845 (2016) (citing Creative Ventures, LLC v. Jim Ward & Assocs., 195 Cal. App. 4th 1430, 1445-46, 126 Cal.Rptr.3d 564 (2011) (applying Commercial Code to promissory note) ). That the principal on her note may increase if she fails to pay interest does not render the note non-negotiable. Regardless of any “interest” or additional “charges,” Baroni agreed to pay at the very least $1.248 million—a “fixed amount of money” pursuant § 3104(a).

2. The undisputed evidence establishes BNYM possesses Baroni’s promissory note indorsed in blank. As the “holder of the instrument,” BNYM may “enforce” it in this bankruptcy action. §§ 1201(b)(21)(A), 3301 (internal quotation marks omitted); see also In re Veal, 450 B.R. 897, 910-11, 917 (B.A.P. 9th Cir. 2011) (citations and internal quotation marks omitted); In re Smith, 509 B.R. 260, 266-67 (Bankr. N.D. Cal. 2014) (citations omitted).

AFFIRMED. 
      
       This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
     