STYLES v. DEUTSCHE BANK NATIONAL TRUST COMPANY FOR HOLDERS OF THE FIRST FRANKLIN MORTGAGE LOAN TRUST 2006 FF5 MORTGAGE PASS THROUGH CERTIFICATES SERIES 2006 FF5 (2018)

MEMORANDUM **

Adrienne J. Styles and Chuck M. Styles appeal pro se from the district court’s judgment dismissing their action alleging claims under the Truth in 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 affirm.

The district court properly dismissed the Styles’ action because it is barred by the statutes of limitations, and the Styles failed to plead facts demonstrating that equitable tolling should apply. See 15 U.S.C. § 1635(f) (three-year period to exercise right of rescission under TILA); 15 U.S.C. § 1640(e) (one-year statute of limitations for an action for damages under TILA); McOmie-Gray v. Bank of Am. Home Loans, FKA, 667 F.3d 1325, 1326 (9th Cir. 2012) (15 U.S.C. § 1635(f) is an absolute three-year bar on rescission actions under TILA); see also Cervantes, 656 F.3d at 1045 (federal standard for equitable tolling).

The district court did not abuse its discretion in denying leave to amend because amendment would have been futile. See Cervantes, 656 F.3d at 1041 (setting forth standard of review and explaining that dismissal without leave to amend is proper when amendment would be futile).

AFFIRMED.