Jordan v. Paul Financial, LLC

Filing 198

ORDER RE: ORAL ARGUMENT (SI, COURT STAFF) (Filed on 5/14/2009)

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: May 14, 2009 SUSAN ILLSTON United States District Judge IT IS SO ORDERED. v. PAUL FINANCIAL, LLC, et al., Defendants. / GREGORY M. JORDAN, Plaintiff, No. C 07-04496 SI ORDER RE: ORAL ARGUMENT IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

The Court directs the parties to be prepared to address the following questions at oral argument on May 15, 2009: 1. Of the TILA violations alleged by plaintiff, which are "material" for purposes of

triggering the three-year statute of limitations for rescission? See 12 C.F.R. § 226.23(a)(3) & n.48 and 12 C.F.R. Pt. 226, Supp. I ¶ 23(a)(3)(2). 2. May a UCL claim be predicated on a TILA violation if the TILA violation is barred by

the statute of limitations? See Silvas v. E*Trade Mortg. Corp., 514 F.3d 1001, 1007 n.3 (9th Cir. 2008); Cross v. Downey Savings and Loan Ass'n, 2009 WL 481482 *4 (C.D. Cal. 2009).