Chaesom R. Sears v. Rocket Mortgage, LLC, et al.

Summary

The United States District Court for the Eastern District of California adopts modified findings and recommendations concerning motions to dismiss claims under the Truth in Lending Act, RESPA, and unjust enrichment. The court dismisses the TILA claim with leave to amend, dismisses the unjust enrichment claim without leave to amend, and allows the RESPA claim against Rocket Mortgage to proceed.

Holdings

1. The findings and recommendations were supported by the record and were adopted as modified.
2. The TILA claim was dismissed with leave to amend because Plaintiff represented that he could clarify allegations concerning nondisclosure of the new creditor or assignee and resulting harm.
3. The unjust enrichment claim was dismissed without leave to amend.
4. Only the RESPA claim remained pending against Rocket Mortgage, while Plaintiff was permitted to amend his TILA claim against that defendant.

Questions Presented

1. Whether the magistrate judge's findings and recommendations should be adopted after de novo review of Plaintiff's objections.
2. Whether Plaintiff's TILA claim should be dismissed with leave to amend.
3. Whether Plaintiff's unjust enrichment claim should be dismissed without leave to amend.
4. Which claims remained pending against Rocket Mortgage after adjudication of the motions to dismiss.

Disposition

other