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Wilkerson v. World Savings

United States Court of Appeals, Ninth Circuit
Nov 22, 2010
404 F. App'x 211 (9th Cir. 2010)


No. 09-17293.

Submitted November 16, 2010.

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed November 22, 2010.

George Wilkerson, Sacramento, CA, pro se.

Robin C. Campbell, Mark T. Flewelling, Anglin, Flewelling, Rasmussen, Campbell Trytten, LLP, Pasadena, CA, for Defendant-Appellee.

Appeal from the United States District Court for the Eastern District of California, Lawrence K. Karlton, District Judge, Presiding. D.C. No. 2:08-cv-02168-LKK-DAD.

Before: TASHIMA, BERZON, and CLIFTON, Circuit Judges.


This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

George Thomas Wilkerson appeals pro se from the district court's judgment dismissing his action alleging various state-law claims concerning, inter alia, his home mortgage loan and the foreclosure of his home in 2001. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Silvas v. E*Trade Mortgage Corp., 514 F.3d 1001, 1003 (9th Cir. 2008). We affirm.

The district court properly dismissed the complaint. To the extent that Wilkerson's claims fall within the categories listed in 12 C.F.R. § 560.2(b), they are preempted by the Home Owners' Loan Act. See Silvas, 514 F.3d at 1004-06. His remaining claims are time-barred. See Guaranty Trust Company of New York v. York, 326 U.S. 99, 110-11, 65 S.Ct. 1464, 89 L.Ed. 2079 (1945) (in diversity cases, forum state law determines which state's statute of limitations governs); Cal.Civ.Proc. Code §§ 318, 337-39, 343 (setting forth relevant California statutes of limitations). Moreover, the district court did not abuse its discretion by dismissing the complaint without leave to amend because amendment would have been futile. See Chaset v. Fleer/Skybox Int'l, 300 F.3d 1083, 1087-88 (9th Cir. 2002).

Wilkerson's remaining contentions are unpersuasive.

Wilkerson's unopposed request for judicial notice is granted.


Summaries of

Wilkerson v. World Savings

United States Court of Appeals, Ninth Circuit
Nov 22, 2010
404 F. App'x 211 (9th Cir. 2010)
Case details for

Wilkerson v. World Savings

Case Details

Full title:George Thomas WILKERSON, Plaintiff-Appellant, v. WORLD SAVINGS AND LOAN…

Court:United States Court of Appeals, Ninth Circuit

Date published: Nov 22, 2010


404 F. App'x 211 (9th Cir. 2010)