Jones

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

LARRY L. JONES; JANET JONES, 

Plaintiffs-Appellants, No. 03-55575 v.  D.C. No.

CV-02-01123-MJL

E*TRADE MORTGAGE CORPORATION;

E*TRADE BANK, OPINION

Defendants-Appellees.  Appeal from the United States District Court for the Southern District of California M. James Lorenz, District Judge, Presiding

Argued and Submitted December 10, 2004—Pasadena, California

Filed February 11, 2005

Before: Betty B. Fletcher, John T. Noonan, and Richard A. Paez, Circuit Judges.

Opinion by Judge Noonan COUNSEL

Daniel H. Harris, Chicago, Illinois, for the plaintiffs- appellants.

Douglas P. Lobel, McLean, Virginia, for the defendants- appellees.

OPINION

NOONAN, Circuit Judge:

Larry L. Jones (Jones) and Janet Jones appeal the judgment of the district court dismissing their complaint with prejudice for failure to state a cause of action under the Truth In Lend- ing Act (TILA), 15 U.S.C. §§ 1601— 1667f, against E*Trade Mortgage Company and E*Trade Bank (collectively E*Trade). Holding that the Joneses have stated a viable com- plaint, we…