Ornelas

Ornelas v. Fidelity National Title Co. of Washington Inc.

Good Law
245 F. App'x 708
United States Court of Appeals for the Ninth CircuitAugust 22, 2007No. 06-35034California550 words

Opinion

Lead Opinion

MEMORANDUM *

Berneda Ornelas appeals the district court’s order granting summary judgment to Ameriquest Mortgage Company on her claim under the Washington Consumer Protection Act, Wash. Rev.Code § 19.86, as well as the rulings on two discovery motions. Because the parties are familiar with the facts and prior proceedings, we do not recite them here. We affirm.

Conceding that the Fair Credit Reporting Act preempts her claim for damages based on the erroneous reporting of a loan, see 15 U.S.C. § 1681t(b), Ornelas argues that her Consumer Protection Act claim survives on a theory of injury based on Ameriquest’s other conduct, which involved harassing phone calls, mailings, and the promise to pay future closing costs. 1 *710 The record, however, does not demonstrate that her subsequent delay in obtaining a loan was caused by this conduct or that Ornelas suffered any other injury to her business or property, as required under the Act. See Hangman Ridge Training Stables, Inc. v. Safeco Title Ins., 105 Wash.2d 778 , 719 P.2d 531, 533, 535-39 (1986); see also Stephens v. Omni Ins. Co., 138 Wash.App. 151 , 159 P.3d 10, 25 (2007) (noting that “mental distress, embarrassment, and…

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