Peter Zeppeiro v. Gmac Mortgage, LLC

MEMORANDUM

Peter Zeppeiro appeals from the district court’s judgment dismissing his action alleging federal and state law claims related to the foreclosure of his home. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a district court’s dismissal for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6), and may affirm on any ground supported by the record. Thompson v. Paul, 547 F.3d 1055, 1058-59 (9th Cir. 2008). We affirm.

Dismissal of Zeppeiro’s Truth in Lending Act claim under 15 U.S.C. § 1641 (g) was proper because this provision was not enacted until 2009, years after the assignment at issue, and this provision does not apply retroactively. See Talaie v. Wells Fargo Bank, 808 F.3d 410, 411 (9th Cir. 2015) (“15 U.S.C. § 1641(g) does not apply retroactively.”).

Zeppeiro contends that dismissal of his claim challenging defendants’ standing to foreclose on his property was improper because under the California Court of Appeal’s decision in Glaski v. Bank of America, National Association, 218 Cal.App.4th 1079 , 160 Cal. Rptr. 3d 449 (Ct. App. 2013), he may base such a claim on defendants’ allegedly untimely assignment of his loan into a…