Thomas Rasmussen v. Bank of America, Na

MEMORANDUM

Thomas Rasmussen appeals pro se from the district court’s judgment dismissing his action alleging federal claims related to the ■ foreclosure of his home. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal under Federal Rule of Civil Procedure, 12(b)(6), Gant v. County of Los Angeles, 772 F.3d 608, 614 (9th Cir. 2014), and for an abuse of discretion a denial of a motion for leave to file an amended complaint, see Metzler Inv. GMBH v. Corinthian Colls., Inc., 540 F.3d 1049, 1072 (9th Cir. 2008). We affirm.

The district court properly dismissed Rasmussen’s Truth in Lending Act (“TILA”) and Real Estate Settlement Procedures Act (“RESPA”) claims as barred by the statute of limitations, and Rasmussen failed to plead facts demonstrating that equitable tolling should apply. See 12 U.S.C. § 2614 (prescribing at most a three-year statute of limitations for violations of RESPA); 15 U.S.C. § 1640 (e) (an action for damages under TILA must be brought within one year of the alleged violation); Cervantes v. Countrywide Home Loans, Inc., 656 F.3d 1034, 1045 (9th Cir. 2011) (equitable tolling applies where “despite all due diligence, the party invoking…