Ollie

Ollie v. Waypoint Homes, Inc.

Good Law
104 F. Supp. 3d 1012·2015 WL 1968842·2015 U.S. Dist. LEXIS 57096
United States District Court, Northern District of CaliforniaApril 30, 2015Case No. 14-cv-01996-YGRCalifornia3,040 words

Opinion

Lead Opinion

Rogers, J.

Order Granting Defendant’s Motion for Summary Judgment

Now before the Court is defendant Way-point Homes’ motion for summary judgment. Having carefully considered the papers submitted, the evidence of record, and the arguments of counsel, and for the reasons set forth below, the Court hereby Grants defendant’s motion for summary judgment. For the reasons set forth herein, the Court adopts the rationale of the Seventh Circuit, which holds that the Equal Credit Opportunity Act (“ECOA”) does not apply to typical residential leases, and declines plaintiffs invitation to extend Ninth Circuit authority to include such leases.

I. Factual and Procedural Background

On January 12, 2014, plaintiff LaTarra Ollie applied online to lease a home from Waypoint Homes, Inc. (“Waypoint”) in Lit-hia Springs, Georgia. (Dkt. No. 49-1, Declaration of Robert Yakominich (‘Yako-minich Decl.”) Ex C; Dkt. No. 50-2, Declaration of John Soumilas (“Soumilas Decl.”) Ex. 1.) At that point in time, Waypoint offered two types of residential leases: one for a term of one year, and another for a term of two years. (Yakomi-nich Decl. Exs. A and B.) These leases are identical in all respects material to the question…

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