Rosa

Rosa v. Cutter Pontiac Buick GMC of Waipahu, Inc.

Good Law
255 F. App'x 281
United States Court of Appeals for the Ninth CircuitNovember 26, 2007No. 06-15806California914 words

Opinion

Lead Opinion

MEMORANDUM *

Plaintiffs-Appellants Kevin and Lily Rosa sued Defendant-Appellee Cutter Pontiac Buick GMC of Waipahu, Inc. (“Cutter Pontiac”), alleging violations of the Truth in Lending Act (TILA) and Hawaii state law after the Rosas unsuccessfully attempted to purchase a car from Cutter Pontiac. The district court granted Cutter Pontiac summary judgment on the Rosas’ TILA claim because the parties had not consummated a credit transaction under TILA and dismissed the supplemental state law claims without prejudice. We affirm.

Because the parties are familiar with the facts, we do not separately recount them here. We review a district court’s grant of summary judgment de novo. Thorman v. Am. Seafoods Co., 421 F.3d 1090 , 1094 (9th Cir.2005) (citations omitted). We have jurisdiction under 28 U.S.C. § 1291 .

In a closed-end credit transaction, TILA liability accrues if a creditor does not make the required disclosures “before consummation of the transaction.” See 12 C.F.R. § 226.17 (b). Under TILA, a credit transaction consummates at “the time that a consumer becomes contractually obligated on a credit transaction.” Id. § 226.2(a)(13). State law governs when a consumer becomes…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.