Johnson v. Long Beach Mortgage Loan Trust 2001-4
Citation | 451 F.Supp.2d 16 |
Decision Date | 04 August 2006 |
Docket Number | No. CIV.A 05-0644(CKK).,CIV.A 05-0644(CKK). |
Parties | Viola JOHNSON, and Kevin R. McCarthy, Trustee for the Estate of Viola Johnson, Plaintiffs, v. LONG BEACH MORTGAGE LOAN TRUST 2001-4, et al., Defendants. |
Court | U.S. District Court — District of Columbia |
Thomas C. Willcox, Washington, DC, for Plaintiffs.
Catherine Anne Bledsoe, Gordon, Feinblatt, Rothman, Hoffberger & Hollander Litigation, Sedica Sawez, Gerald J. Gaeng, Rosenberg Martin Funk Greenberg LLP, Baltimore, MD, for Defendants.
Plaintiff Viola Johnson, an elderly District of Columbia retiree, together with the trustee of her bankruptcy estate (collectively "Plaintiff'), bring the above-captioned action against a mortgage broker, two lenders, and several related entities who sold her two home loans, alleging inter alia that the companies took advantage of her age and lack of sophistication to charge excessive fees while failing to make mandatory disclosures under the Truth in Lending Act ("TILA"). Plaintiff seeks rescission of the loans, restitution, and damages under several legal theories. See Compl. ¶¶33-38 ( )("DCCPA"), ¶¶ 39-45 (Count II—Common Law Fraud), ¶¶ 46-52 (Count III—Unconscionability), ¶¶ 53-61 (Count IV—Violation of the Usury Statute), ¶¶ 62-69 (Count V—Violations of D.C. MLBA), ¶¶ 70-76 (Count VI—Breach of Fiduciary Duty), ¶¶ 77-82 (Count VII— Conspiracy), ¶¶ 83-87 (Count. VIII—Aiding & Abetting the Deception of Ms. Johnson), ¶¶ 88-93 (Count IX—Negligence) ¶¶ 94-103 (Count X—Negligent Supervision), ¶¶ 04-107 (Count XI—TILA Violations), ¶¶ 08-115 (Count XII—Declaratory Relief of a Valid Rescission Under TILA), ¶¶ 116-119 (Count XIII—Derivative Claims Against Washington Mutual). See infra at 23-24 (Table 1).
In response to Plaintiffs Complaint Defendants EquiCredit Corporation of Maryland and EquiCredit Corporation of the District of Columbia filed a[4] Motion to Dismiss, and Defendants Long Beach Mortgage Company, Long Beach Mortgage Loan Trust 2001-4, and Washington Mutual jointly filed a[8] Motion to Dismiss ( [4] and [8] are collectively referred to as "Defendants' Motions to Dismiss"), followed by Plaintiffs collective Opposition and Defendants' Replies. Upon consideration of the filings before the Court, the attached exhibits, the relevant case law, and the entire record herein, the Court shall grant Defendants' Motions to Dismiss with respect to Count IV and Count XI, grant-in-part and deny-in-part Defendants' Motions to Dismiss with respect to Counts XII and XIII, and deny Defendants' Motions to Dismiss with respect to the remaining Counts.1 The Court further holds that it may exercise personal jurisdiction over Defendant Long Beach Mortgage Loan Trust 2001-4 ("the Trust"). The Court's disposition is summarized infra at 24-25 and 55-56 (Table 2).
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