Sylwester Slojewski v. Polam Federal Credit Union

Good Law
473 F. App'x 534
United States Court of Appeals for the Ninth CircuitMarch 29, 201211-15018California674 words

Opinion

Opinion

MEMORANDUM

Plaintiff-Appellant Sylwester Slojewski appeals from the district court’s summary judgment dismissal of his lawsuit alleging that Polam Federal Credit Union (Polam) refused to honor his demand for rescission under the Truth in Lending Act (TILA), 15 U.S.C. § 1601 , et seq. We review de novo an appeal of the grant of summary judgment. Universal Health Servs., Inc. v. Thompson, 363 F.3d 1013 , 1019 (9th Cir.2004). We review for abuse of discretion the district court’s evidentiary rulings. Wong v. Regents of Univ. of California, 410 F.3d 1052, 1060 (9th Cir.2005). Slojewski sought restoration of the title to his home on the grounds that Polam conducted a non-judicial foreclosure sale after he rescinded the loan under TILA. As the facts and procedural history are familiar to the parties, we do not recite them here except as necessary to explain our disposition. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The district court correctly dismissed Slojewski’s claims under TILA on the grounds that Slojewski failed to present evidence showing a triable issue of material fact regarding (1) whether the financing charge stated by the Credit Union was permitted…

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