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Compton v. Countrywide Financial Corp.

United States Court of Appeals, Ninth Circuit

August 4, 2014

WATOSHINA LYNN COMPTON, Plaintiff-Appellant,
v.
COUNTRYWIDE FINANCIAL CORPORATION; COUNTRYWIDE HOME LOANS, INC.; BANK OF AMERICA CORPORATION; BAC HOME LOANS SERVICING, LP; U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE, for CSMC Mortgage-Backed Pass Through Certificates, Series 2006-7; U.S. BANK N.A.; DOES, JOHN AND MARY DOES, 1-10, Defendants-Appellees

Argued and Submitted, Honolulu, Hawaii: June 11, 2014.

Page 1047

[Copyrighted Material Omitted]

Page 1048

[Copyrighted Material Omitted]

Page 1049

Appeal from the United States District Court for the District of Hawaii. D.C. No. 1:11-cv-00198-SOM-BMK. Susan Oki Mollway, Chief District Judge, Presiding.

Hawaii Consumer Law

The panel reversed the district court's Fed.R.Civ.P. 12(b)(6) dismissal of a borrower's claim brought under Haw. Rev. Stat. § 480-2(d) alleging unfair and deceptive acts by Bank of America Corporation, and remanded.

The panel held that when a district court evaluates whether a borrower's complaint states a claim under Haw. Rev. Stat. § § 480-2 and 480-13 against a lender, the district court need only address whether the complaint adequately alleged that the lender used unfair or deceptive acts in its relationship with the borrower, without looking to negligence law to determine whether the lender breached a common law duty of care. The panel held that the district court erred in dismissing the borrower's claim solely on the ground that the borrower failed to allege that the lender exceeded its role as a lender and owed an independent duty of care to the borrower. The panel held that the complaint adequately alleged under Hawaii law unfair and deceptive acts by Bank of America, and injury resulting in damage to the borrower, to withstand a motion to dismiss.

James Harry Fosbinder, Ivey Fosbinder Fosbinder, LLC, Wailuku, Hawaii, for Plaintiff-Appellant.

Dennis Peter Maio (argued) and Rosalie Euna Kim, Reed Smith LLP, San Francisco, California, for Defendants-Appellees.

Before: William A. Fletcher, Sandra S. Ikuta, and Andrew D. Hurwitz, Circuit Judges. Opinion by Judge Ikuta.

OPINION


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