Mikel Toye v. Newrez LLC

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS SEP 22 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

MIKEL A. TOYE, husband; LOUISE No. 20-55935 TOYE, wife, D.C. No. 3:19-cv-02322-BAS-LL Plaintiffs-Appellants,

v. MEMORANDUM*

NEWREZ LLC, DBA Shellpoint Mortgage Servicing; et al.,

Defendants-Appellees.

Appeal from the United States District Court for the Southern District of California Cynthia A. Bashant, District Judge, Presiding

Submitted September 14, 2021**

Before: PAEZ, NGUYEN, and OWENS, Circuit Judges.

Mikel A. Toye and Louise Toye appeal from the district court’s judgment

dismissing their action alleging violations of the Truth in Lending Act (“TILA”).

We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). based on the statute of limitations. Hoang v.…