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TOYE v. NEWREZ LLC (2021)

United States Court of Appeals, Ninth Circuit.2021-09-22No. No. 20-55935

Summary

Holding. Affirmed. The district court properly dismissed the plaintiffs' rescission claim as time-barred under the applicable statute of limitations.

Mikel and Louise Toye sued NewRez LLC claiming violations of the Truth in Lending Act and seeking to rescind a loan. The district court dismissed the case before trial, finding that the Toyes waited too long to file their lawsuit. On appeal, the Toyes challenged this dismissal. The appellate court reviewed the dismissal decision from scratch and upheld it, agreeing that the case was filed outside the applicable deadline.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Whether a TILA rescission claim was timely filed
  • Application of state contract law statute of limitations to TILA rescission claims
  • When the statute of limitations period begins to run under the delayed discovery rule

Procedural posture

The plaintiffs appealed a district court judgment dismissing their TILA rescission action on statute of limitations grounds.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

MEMORANDUM **

Mikel A. Toye and Louise Toye appeal from the district courts judgment dismissing their action alleging violations of the Truth in Lending Act (“TILA”). We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal based on the statute of limitations. Hoang v. Bank of Am., N.A., 910 F.3d 1096, 1100 (9th Cir. 2018). We affirm.

The district court properly dismissed plaintiffs’ action as time-barred because plaintiffs failed to bring their action to enforce their recission rights within the applicable statute of limitations. See id. at 1100-02 (explaining that because TILA does not provide a statute of limitations for rescission enforcement claims, the state contract law statute of limitations applies); see also Cal. Civ. Code § 337(a) (actions upon a contract are subject to a four-year statute of limitations); Fox v. Ethicon Endo-Surgery, Inc., 35 Cal.4th 797, 27 Cal.Rptr.3d 661, 110 P.3d 914, 917 (2005) (under the delayed discovery rule, cause of action accrues and statute of limitations begins to run “when the plaintiff has reason to suspect an injury and some wrongful cause, unless the plaintiff pleads and proves that a reasonable investigation at that time would not have revealed a factual basis for [the] cause of action”).

We do not consider matters not specifically and distinctly raised and argued in the opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

AFFIRMED.