Walker

Walker v. Washington Mutual Bank FA

Good Law
63 F. App'x 316
United States Court of Appeals for the Ninth CircuitApril 11, 2003No. 02-56028; D.C. No. CV-00-12931-WMBCalifornia773 words

Opinion

Lead Opinion

MEMORANDUM **

Judith B. Walker appeals pro se the district court’s summary judgment in favor of her mortgage lender, Washington Mutual Bank (“WMB”), in her action alleging *317 violations of the Truth in Lending Act (“TILA”), 15 U.S.C. §§ 1601 et. seq., and the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. §§ 1961-1968 , and California state law claims for fraudulent misrepresentation, wrongful foreclosure, and forcible detainer. We have jurisdiction over this timely appeal under 28 U.S.C. § 1291 , and we affirm.

The district court did not err in holding that Walker’s TILA claim was barred by the one-year statute of limitations. TILA states that “[a]ny action under this section may be brought ... within one year from the date of the occurrence of the violation.” 15 U.S.C. § 1640 (e). “[T]he limitations period in Section 1640(e) runs from the date of consummation of the transaction but ... the doctrine of equitable tolling may, in the appropriate circumstances, suspend the limitations period until the borrower discovers or had reasonable opportunity to discover the fraud or nondisclosures that form the basis of the TILA action.” King v. California, 784…

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