Amparan

ORDER GRANTING IN PART AND DENYING IN PART MOTIONS TO DISMISS AND TO STRIKE

Plaintiff Eneida Amparan bring this putative class action for violations of the federal Truth in Lending Act (“TILA”), as well as state-law claims for unfair business practices, breach of contract, and breach of the implied covenant of good faith and fair dealing. Plaintiff alleges that Defendant Plaza Home Mortgage (“Defendant”) failed to disclose important information about her residential mortgage in the clear and conspicuous manner required by law. Defendant moves to dismiss the complaint for failure to state a claim upon which relief may be granted, and to strike from the complaint requests for certain forms of relief. For the reasons set forth below, the motions will be granted in part and denied in part.

I. BACKGROUND

In January 2006, Plaintiff obtained an Option Adjustable Rate Mortgage (“Option ARM”) from Defendant. The terms of the mortgage are contained in the Adjustable Rate Note (“Note”) executed by Plaintiff in connection with the loan. A central feature of the loan is its early interest rate adjustment. While the interest rate on the loan is pegged to a variable index and changes over…