Vinole

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

RAYMOND VINOLE, on behalf of  himself and all others similarly situated; KEN YODER, No. 08-55223 Plaintiffs-Appellants, v.  D.C. No.

CV-07-00127-DMS

COUNTRYWIDE HOME LOANS, INC., a OPINION New York corporation, Defendant-Appellee.  Appeal from the United States District Court for the Southern District of California Dana M. Sabraw, District Judge, Presiding

Argued and Submitted February 5, 2009—Pasadena, California

Filed July 7, 2009

Before: Barry G. Silverman and Consuelo M. Callahan, Circuit Judges, and Richard Mills,* Senior District Judge.

Opinion by Judge Callahan

*The Honorable Richard Mills, Senior United States District Judge for the Central District of Illinois, sitting by designation.

8299 8302 VINOLE v. COUNTRYWIDE HOME LOANS

COUNSEL

Michael D. Singer, Cohelan, Khoury & Singer, on behalf of appellants Raymond Vinole and Ken Yoder. VINOLE v. COUNTRYWIDE HOME LOANS 8303 Thomas R. Kaufman, Seyfarth Shaw LLP, on behalf of appel- lee Countrywide Home Loans, Inc.

OPINION

CALLAHAN,…