Wood

These cross-appeals involve the California Department of Corporations Commissioner’s (Commissioner) efforts to enforce previous versions of California’s per diem loan interest statutes. The district court held that these laws were preempted by the Depository Institutions Deregulation and Monetary Control Act (DIDMCA), 12 U.S.C. § 1735f-7a, but denied a permanent injunction to prevent the Commissioner from enforcing the preempted statutes.

Wells Fargo Bank N.A. v. Boutris, 419 F.3d 949 (9th Cir.2005), held, after the district court had ruled in this case, that California’s per diem statutes are not preempted by the DIDMCA. Wells Fargo controls here. The district court also held that the Alternative Mortgage Transaction Parity Act (Parity Act), 12 U.S.C. §§ 3801-06 , does not preempt the per diem statutes as applied to alternative mortgage transactions. We affirm this conclusion because California’s per diem statutes are not expressly preempted, do not directly conflict with, and do not impede Congress’ purposes in enacting the Parity Act. The per diem statutes therefore are not preempted by the Parity Act. Finally, we affirm the district court’s dismissal of Quicken Loans’…