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LOGAN v. U.S. BANK NAT. ASS'N

No. 10-55671.

722 F.3d 1163 (2013)

Karen LOGAN, Plaintiff-Appellant, v. U.S. BANK NATIONAL ASSOCIATION, as Trustee, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 16, 2013.

Attorney(s) appearing for the Case

Jay D. Trickett (argued), Arne D. Wagner , and James A. Quadra , Calvo & Clark, LLP, San Francisco, CA, for Plaintiff-Appellant.

Thomas H. Dupree, Jr. (argued), Gibson, Dunn & Crutcher LLP, Washington, D.C.; Theane Evangelis Kapur , Andrew G. Pappas , Gibson, Dunn & Crutcher LLP, Los Angeles, CA; John M. Sorich , S. Christopher Yoo , and Jenny L. Merris , Adorno Yoss Alvardo & Smith, Santa Ana, CA, for Defendant-Appellee.

Kent Qian , National Housing Law Project, Oakland, CA; Samantha Tuttle , Sargent Shriver National Center on Poverty Law, Chicago, IL, for Amicus Curiae National Housing Law Project, Sargent Shriver National Center on Poverty Law, Public Justice Center, National Law Center on Homelessness and Poverty, Tenants Together, Legal Services of Northern California, Housing and Economic Rights Advocates, Housing Umbrella Group, and Community Legal Services.

Before: M. MARGARET McKEOWN and MILAN D. SMITH, JR., Circuit Judges, and ROBERT HOLMES BELL, District Judge.

OPINION

McKEOWN, Circuit Judge:

We consider here an issue of first impression — whether the Protecting Tenants at Foreclosure Act of 2009 ("PTFA" or "the Act") provides a private right of action. Pub.L. No. 111-22, § 701-04, 123 Stat. 1632, 1660-62 (2009). Karen Logan sought injunctive relief and damages against U.S. Bank National Association ("US Bank") after it filed an unlawful detainer action against her in state court without giving 90 days...

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