HOLDINGS: [1]-A borrower’s August 2015 complaint against her bank under the Truth In Lending Act (TILA) was untimely under either TILA’s one-year or three-year limitations period because the refinancing transaction concluded in 2007 and the loan modification closed with an effective date in 2011; [2]-The borrower’s unfair competition claim was untimely under Bus. & Prof. Code, § 17208, whether measured by the dates of payment notices following the 2007 refinancing or the 2011 loan modification, or even the May 2011 date when the borrower had the loan forensically examined; [3]-The borrower’s fraud claim was untimely under the three-year limitation in Code Civ. Proc., § 338, whether measured by the receipt of payment notices that demanded a larger sum than anticipated, by the May 2011 forensic examination, or by the purported May 2012 discovery of the bank’s alleged omissions.
California Business Lawyer & Corporate Lawyer, Inc. understands CACI 1000
Outcome
Judgment affirmed.