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McOMIE-GRAY v. BANK OF AMERICA HOME LOANS

No. 10-16487.

667 F.3d 1325 (2012)

Kathryn McOMIE-GRAY, Plaintiff-Appellant, v. BANK OF AMERICA HOME LOANS, FKA Countrywide Home Loans, Inc., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 8, 2012.

Attorney(s) appearing for the Case

Thomas A. Jenkins and Daniel Joseph Mulligan, San Diego, CA; Larry Wayne Gabriel, Woodland Hills, CA; Jenkins Mulligan & Gabriel LLP; Pamela Simmons, Simmons & Purdy, Soquel, CA, for the plaintiff-appellant.

James Goldberg, Thomas E. Nanney, Ori Edelstein, Bryan Cave LLP, San Francisco, CA, for the defendant-appellee.

Tara A. Twomey, Carmel, CA, for the amicus.

Before: CARLOS T. BEA and STEPHEN S. TROTT, Circuit Judges, and REBECCA R. PALLMEYER, District Judge.

OPINION

PALLMEYER, District Judge:

Kathryn McOmie-Gray appeals the dismissal of her lawsuit for failure to state a claim upon which relief may be granted pursuant to Federal Rule of Civil Procedure 12(b)(6). McOmie-Gray sought rescission of her loan secured by a trust deed with Bank of America Home Loans ("the Bank") for alleged violations of disclosure requirements under the federal Truth in Lending Act ("TILA"), 15 U.S.C. § 1601 et seq. On...

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