STEPHEN JOHNSON V. J.P. MORGAN CHASE BANK, N.A., No. 16-56156 (9th Cir. 2017)

Annotate this Case

Download PDF

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED JUL 18 2017 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT STEPHEN H. JOHNSON; PAULA A. JOHNSON, U.S. COURT OF APPEALS No. 16-56156 D.C. No. 5:15-cv-02609-DDP-JEM Plaintiffs-Appellants, MEMORANDUM* v. JPMORGAN CHASE BANK, N.A., as Successor-In-Interest to Washington Mutual Bank Its Successors and/or Assigns; DOES, 1-25, Inclusive, Defendants-Appellees. Appeal from the United States District Court for the Central District of California Dean D. Pregerson, District Judge, Presiding Submitted July 11, 2017** Before: CANBY, KOZINSKI, and HAWKINS, Circuit Judges. Stephen H. Johnson and Paula A. Johnson appeal pro se from the district court’s order dismissing their action seeking declaratory relief under the Truth in * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Lending Act (“TILA”). We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under Fed. R. Civ. P. 12(b)(6). Cervantes v. Countrywide Home Loans, Inc., 656 F.3d 1034, 1040 (9th Cir. 2011). We may affirm on any ground supported by the record. Franklin v. Terr, 201 F.3d 1098, 1100 n.2 (9th Cir. 2000). We affirm. Dismissal of the Johnsons’ action alleging a TILA claim for rescission was proper because the Johnsons did not exercise their right of rescission within three years of when they consummated the loan transaction. See 15 U.S.C. § 1635(f); Beach v. Ocwen Fed. Bank, 523 U.S. 410, 412-13, 419 (1998) (explaining that “§ 1635(f) completely extinguishes the right of rescission at the end of the 3-year period”). AFFIRMED. 2 16-56156

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.