Vien-Phuong Thi Ho v. Recontrust Co.

MEMORANDUM

1. In order to state a civil claim under the Racketeer Influenced and Corrupt Organizations Act (RICO), a plaintiff must allege the existence of an enterprise that is separate from the individual defendants. Cedric Kushner Promotions, Ltd. v. King, 533 U.S. 158, 161 , 121 S.Ct. 2087 , 150 L.Ed.2d 198 (2001). Despite being given several opportunities to amend her complaint, Ho’s allegations regarding a RICO enterprise were consistently conclusory and implausible. She never explained what the alleged enterprise was or how it was distinct from the individual defendants. Thus, Ho’s RICO claim must fail. See Bell Atl. Corp. v. Twombly, 550 U.S. 544, 558-63 , 127 S.Ct. 1955 , 167 L.Ed.2d 929 (2007).

2. Section 6 of the Real Estate Settlement Procedures Act (RE SPA) provides that a “loan servicer” must respond to a borrower’s “qualified written request [QWR] ... for information relating to the servicing of [his] loan.” 12 U.S.C. § 2605 (e). The RESPA implementing regulation applicable to this case allowed loan servicers to designate a single address to which all QWRs must be routed. 24 C.F.R. § 3500.21 (e)(1) (2009). It also provided that loan servicers were only required to…