McGreevey v. PHH Mortgage Corp., No. 16-36045 (9th Cir. 2018)
Annotate this CaseThe federal catchall statute of limitations in 28 U.S.C. 1658(a) applies to private suits alleging violations of section 303(c) of the Servicemembers Civil Relief Act (SCRA). The Ninth Circuit affirmed the district court's dismissal of plaintiff's action under the SCRA as time-barred. The panel held that the complaint arose under an Act of Congress enacted after 1990 and was thus governed by the four year statute of limitations period in section 1658(a). In this case, plaintiff filed suit almost six years after the sale of his home and thus his complaint was untimely.
Court Description: Servicemembers Civil Relief Act The panel affirmed the district court’s dismissal as time- barred of a private suit alleging violations of § 303(c) of the Servicemembers Civil Relief Act, which provides a limited prohibition on foreclosure of the property of servicemembers. The panel held that the federal catchall statute of limitations in 28 U.S.C. § 1658(a) applies to private suits alleging violations of § 303(c) of the SCRA, an Act of Congress enacted after 1990. Because § 1658(a), like the state statute relied upon by the district court, specifies a four- year limitations period, the panel affirmed.
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