Opinion
No. 12-15211 D.C. No. 1:11-cv-00189-LEK-KSC
2013-10-16
ROCKY FUJIO TAKUSHI, individually and as Trustee of The Albert G. Takushi Revocable Living Trust dated April 11, 2007, Plaintiff - Appellant, v. BAC HOME LOANS SERVICING, LP, a Texas limited partnership and DOES 1-50, Defendants - Appellees.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Appeal from the United States District Court
for the District of Hawaii
Leslie E. Kobayashi, District Judge, Presiding
Submitted October 10, 2013
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
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Honolulu, Hawaii
Before: KOZINSKI, Chief Judge, and CLIFTON and WATFORD, Circuit Judges.
The district court properly dismissed Takushi's Truth in Lending Act (TILA) claim because it is time barred. Under TILA, a borrower seeking to rescind a mortgage loan must bring suit within three years of consummation of the loan (with one exception not relevant here). 15 U.S.C. § 1635(f). Takushi's loan closed on September 21, 2007, but he did not file suit until February 9, 2011. That Takushi sent a notice of rescission within the three-year period is irrelevant under our decision in McOmie-Gray v. Bank of America Home Loans, 667 F.3d 1325, 1329 (9th Cir. 2012). The rule announced in McOmie-Gray applies retroactively to "all cases still open on direct review," regardless of whether the underlying events pre-date announcement of the rule. Harper v. Va. Dep't of Taxation, 509 U.S. 86, 97 (1993); see also Morales-Izquierdo v. DHS, 600 F.3d 1076, 1087-88 (9th Cir. 2010).
AFFIRMED.