Brent M Perucca v. US Bank National Association

Filing 11

ORDER TO SHOW CAUSE RE: STATUTE OF LIMITATIONS by Judge Otis D. Wright, II.Given the apparent untimeliness of Peruccas TILA claim, the Court ORDERS Perucca to SHOW CAUSE no later than May 13, 2013, why the Court should not dismiss that claim as untimely and remand this matter to the San Luis Obispo County Superior Court. (lc). Modified on 5/6/2013. (lc).

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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BRENT M. PERUCCA,
v.

Plaintiff,

Case No. 2:13-cv-02004-ODW(VBKx)
ORDER TO SHOW CAUSE RE:
STATUTE OF LIMITATIONS

U.S. BANK NATIONAL ASSOCIATION
and DOES 1–100,
Defendants.

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The Court has reviewed Plaintiff Brent Perucca’s Complaint, which advances a

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single federal claim for violation of the Truth in Lending Act (TILA). This claim

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appears to be barred by the statute of limitations.

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A request for damages under TILA is subject to a one-year statute of

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limitations, 15 U.S.C. § 1640(e), and a claim for rescission is subject to a three-year

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statute of limitations. 15 U.S.C. § 1635(f). A TILA violation occurs at the time the

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loan documents are signed. Meyer v. Ameriquest Mortg. Co., 342 F.3d 899, 902 (9th

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Cir.2003). But Perucca contends he signed his loan documents sometime in June

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2006—nearly seven years ago. (Compl. ¶¶ 1, 2.)

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A court may dismiss a claim sua sponte under Federal Rule of Civil

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Procedure 12(b)(6) for failure to state a claim, so long as it affords the plaintiff or

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plaintiffs notice and an opportunity to be heard on the matter. Wong v. Bell, 642 F.2d

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359, 361–62 (9th Cir. 1981). Given the apparent untimeliness of Perucca’s TILA

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claim, the Court ORDERS Perucca to SHOW CAUSE no later than May 13, 2013,

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why the Court should not dismiss that claim as untimely and remand this matter to the

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San Luis Obispo County Superior Court.

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IT IS SO ORDERED.

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May 6, 2013

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____________________________________
OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE

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