Opinion
Case No. 2:13-cv-01392-ODW(PJWx)
05-03-2013
BRENT M. PERUCCA, Plaintiff, v. U.S. BANK NATIONAL ASSOCIATION and DOES 1-100, Defendants.
ORDER TO SHOW CAUSE RE:
STATUTE OF LIMITATIONS
The Court has reviewed Plaintiff Brent Peracca's Complaint, which advances a single federal claim for violation of the Truth in Lending Act (TILA). This claim appears to be barred by the statute of limitations.
A request for damages under TILA is subject to a one-year statute of limitations, 15 U.S.C. § 1640(e), and a claim for rescission is subject to a three-year statute of limitations. 15 U.S.C. § 1635(f). A TILA violation occurs at the time the loan documents are signed. Meyer v. Ameriquest Mortg. Co., 342 F.3d 899, 902 (9th Cir.2003). But Perucca contends he signed his loan documents sometime in June 2006—nearly seven years ago. (Compl. ¶¶ 1, 2.)
A court may dismiss a claim sua sponte under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim, so long as it affords the plaintiff or plaintiffs notice and an opportunity to be heard on the matter. Wong v. Bell, 642 F.2d 359, 361-62 (9th Cir. 1981). Given the apparent untimeliness of Peracca's TILA claim, the Court ORDERS Perucca to SHOW CAUSE no later than May 10, 2013, why the Court should not dismiss that claim as untimely and remand this matter to the San Luis Obispo County Superior Court.
IT IS SO ORDERED.
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OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE