Jane M. Sotanski v. HSBC BANK USA, NA, as Trustee for the Holders of the Deutsche Alt-A Securities, Inc.…

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JANE M. SOTANSKI,
Plaintiff-Appellant,
v.
HSBC BANK USA, NA, as Trustee for the
Holders of the Deutsche Alt-A Securities,
Inc. Mortgage Loan Trust, Mortgage Pass-
Through Certificates Series 2007-OA4;
RTS PACIFIC, INC.,
Defendants-Appellees.
No. 15-16798
D.C. No. 5:15-cv-01489-LHK
MEMORANDUM*
Appeal from the United States District Court
for the Northern District of California
Lucy H. Koh, District Judge, Presiding
Submitted December 14, 2016**
Before: WALLACE, LEAVY, and FISHER, Circuit Judges.
Jane M. Sotanski appeals pro se from the district court’s order dismissing
her action alleging Truth in Lending Act (“TILA”) and state law claims. We have
* 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).
FILED
DEC 22 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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jurisdiction under 28 U.S.C. § 1291. We review de novo a district court’s
dismissal for failure to state a claim under Federal Rule of Civil Procedure
12(b)(6). Doe v. Abbott Labs., 571 F.3d 930, 933 (9th Cir. 2009). We affirm.
The district court properly dismissed as time-barred Sotanski’s TILA claim
for rescission because Sotanski did not deliver a notice of rescission within three
years of consummation of the loan. See 15 U.S.C. § 1635(f) (imposing three-year
period to exercise right of rescission under TILA); Jesinoski v. Countrywide Home
Loans, Inc., 135 S. Ct. 790, 792 (2015) (a borrower exercises her right of
rescission by notifying the creditor of intent to rescind within three years after the
transaction is consummated). The district court properly dismissed Sotanski’s
wrongful foreclosure claim because Sotanski’s claim was contingent on her TILA
claim not being time barred. See Yvanova v. New Century Mortg. Corp., 365 P.3d
845, 850 (Cal. 2016) (explaining that the beneficial holder of a deed of trust can
initiate nonjudicial foreclosure proceedings under Cal. Civ. Code § 2924).
We do not consider matters not specifically and distinctly raised and argued
in the opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
AFFIRMED.

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