History
  • No items yet
midpage
Mikel Toye v. Newrez LLC
20-55935
| 9th Cir. | Sep 22, 2021
|
Check Treatment
|
Docket

*1 Before: PAEZ, NGUYEN, and OWENS, Circuit Judges.

Mikel A. Toye and Louise Toye appeal from the district court ’ s judgment dismissing their action alleging violations of the Truth i n Lending Act (“TILA”). We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal *2 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. , 110 P.3d 914, 917 (Cal. 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 caus e, 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.

2 20-55935

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

[**] The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

Case Details

Case Name: Mikel Toye v. Newrez LLC
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Sep 22, 2021
Docket Number: 20-55935
Court Abbreviation: 9th Cir.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.