Rocky Fujio Takushi, individually v. BAC HOME LOANS SERVICING, LP, a Texas limited partnership and DOES 1-50

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ROCKY FUJIO TAKUSHI, individually
and as Trustee of The Albert G. Takushi
Revocable Living Trust dated April 11,
2007,
Plaintiff - Appellant,
v.
BAC HOME LOANS SERVICING, LP, a
Texas limited partnership and DOES 1-50,
Defendants - Appellees.
No. 12-15211
D.C. No. 1:11-cv-00189-LEK-
KSC
MEMORANDUM*
Appeal from the United States District Court
for the District of Hawaii
Leslie E. Kobayashi, District Judge, Presiding
Submitted October 10, 2013**
Honolulu, Hawaii
Before: KOZINSKI, Chief Judge, and CLIFTON and WATFORD, Circuit Judges.
FILED
OCT 16 2013
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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The district court properly dismissed Takushi’s Truth in Lending Act
(TILA) claim because it is time barred. Under TILA, a borrower seeking to
rescind a mortgage loan must bring suit within three years of consummation of the
loan (with one exception not relevant here). 15 U.S.C. § 1635(f). Takushi’s loan
closed on September 21, 2007, but he did not file suit until February 9, 2011. That
Takushi sent a notice of rescission within the three-year period is irrelevant under
our decision in McOmie-Gray v. Bank of America Home Loans, 667 F.3d 1325,
1329 (9th Cir. 2012). The rule announced in McOmie-Gray applies retroactively to
“all cases still open on direct review,” regardless of whether the underlying events
pre-date announcement of the rule. Harper v. Va. Dep’t of Taxation, 509 U.S. 86,
97 (1993); see also Morales-Izquierdo v. DHS, 600 F.3d 1076, 1087–88 (9th Cir.
2010).
AFFIRMED.
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