Grimes v. New Century Mortgage Corporation

340 F.3d 1007 Richard L. GRIMES; Rosa L. Grimes, suing individually and on behalf of all others similarly situated and on behalf of the general public, Plaintiffs-Appellants, v. NEW CENTURY MORTGAGE CORPORATION, a California corporation, Defendant-Appellee. No. 02-15430. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 10, 2003 — San Francisco, California. Filed August 22, 2003. Daniel Mulligan, Jenkins & Mulligan, San Francisco, California, for the plaintiffs-appellants. Denise Field, Buchalter, Nemer, Fields & Younger, San Francisco, California, for the defendant-appellee. Appeal from the United States District Court for the Northern District of California; Phyllis J. Hamilton, District Judge, Presiding. D.C. No. CV-01-02133-JPH. Before John T. NOONAN, M. Margaret McKEOWN, and Johnnie B. RAWLINSON, Circuit Judges. Opinion by Judge NOONAN; Dissent by Judge MCKEOWN. OPINION NOONAN, Circuit Judge. 1 Richard L. Grimes and Rosa L. Grimes (the Grimeses) appeal the judgment of the district court in favor of New Century Mortgage Corporation (New Century). The Grimeses brought suit against New Century for violation of the Truth in Lending Act, 15…