Jamison

Jamison v. Bank of America, N.A.

Good Law
194 F. Supp. 3d 1022·2016 WL 3653456·2016 U.S. Dist. LEXIS 88326
United States District Court, Eastern District of CaliforniaJuly 7, 2016No. 2:16-cv-00422-KJM-ACCalifornia4,807 words

Opinion

Lead Opinion

Mueller, J.

ORDER

Plaintiff Cynthia A. Jamison filed this putative class action against defendant Bank of America, N.A. (“BANA”), alleging BAÑA: (1) violated the Truth in Lending Act of 1968 (“TILA”), 15 U.S.C. § 1601 et seq., TILA’s implementing regulation, Regulation Z, 12 C.F.R. § 1026 et seq., and the California Consumers Legal Remedies Act (“CLRA”), Cal. Civ. Code § 1750 et seq., by failing to disclose insurance claim proceeds in its mortgage payoff and periodic statements; and (2) violated the California Unfair Competition Law (“UCL”), Cal. Bus. & Prof. Code § 17200 et seq., by charging plaintiff a facsimile fee for providing a payoff statement that was delivered by mail. This matter is before the court on defendant’s motion to dismiss the complaint or, alternatively, to stay the proceedings pending the Supreme Court’s decision in Spokeo, Inc. v. Robins, which has now issued, see 578 U.S. -, 136 S.Ct. 1540 , 194 L.Ed.2d 635 (2016). ECF No. 9 (“Mot.”). Plaintiff opposed the motion, ECF No. 11 (“Opp’n”), and defendant replied, ECF No. 18 (“Reply”). The court held a hearing and initial scheduling conference. on June 17, 2016; Patricia Avery, Aidan Poppler, and Matthew Insley-Pruitt…

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