Carlos Pacheco v. Homecomings Financial, LLC

464 F. App'x 593

• Court: Court of Appeals for the Ninth Circuit
• Decided: December 27, 2011
• Docket: 10-16734
• Status: Unpublished

Opinion

MEMORANDUM *

Carlos Pacheco appeals the district court’s order granting summary judgment in favor of lender defendants on his claim for rescission under the Truth in Lending Act, 15 U.S.C. § 1601 et seq. Reviewing the district court’s order de novo, see Alpha Delta Chi-Delta Chapter v. Reed, 648 F.3d 790, 796 (9th Cir.2011), we affirm.

Because the parties contest Pacheco’s ability to tender the loan proceeds, this court’s holding in Yamamoto v. Bank of New York, 329 F.3d 1167 (9th Cir.2003) controls. Pacheco failed to produce any admissible evidence showing his ability to tender. The district court properly sustained objections to statements in Philip Lewis’s declaration. Thus, Pacheco did not meet his burden of showing the existence of a triable issue of fact as to his ability to tender, a necessary element for the remedy of rescission. Accordingly, the district court properly granted summary judgment. See Yamamoto, 329 F.3d at 1173.

AFFIRMED.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.