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William E. Newcomb, Also Known As Bill Newcomb v. Cambridge Home Loans

October 26, 2011

WILLIAM E. NEWCOMB, ALSO KNOWN AS BILL NEWCOMB, PLAINTIFF,
v.
CAMBRIDGE HOME LOANS, INC.; OPTION ONE MORTGAGE CORPORATION,
A CALIFORNIA CORPORATION; AMERICAN HOME MORTGAGE SERVICING, INC.; DEUTSCHE BANK NATIONAL TRUST COMPANY, DEFENDANTS.



The opinion of the court was delivered by: David Alan Ezra United States District Judge

ORDER: (1) GRANTING MOTION TO DISMISS COMPLAINT AND (2) DISMISSING THE COMPLAINT AS TO ALL DEFENDANTS WITHOUT PREJUDICE

On October 26, 2011, the Court heard Defendants Option One Mortgage Corporation, American Home Mortgage Servicing, Inc. and Deutsche Bank National Trust Company's (collectively "Defendants") Motion to Dismiss. Terry G. Oppermann, Esq., appeared at the hearing on behalf of Plaintiffs William Newcomb ("Plaintiff"); Steven K. S. Chung, Esq., and Chanelle M. Chung, Esq., appeared at the hearing on behalf of Defendants. After reviewing the motions and the supporting and opposing memoranda, the Court GRANTS the Motion to Dismiss (Doc. # 30).

BACKGROUND

On October 6, 2009, Plaintiff filed his Complaint initiating this action in the Third Circuit Court of the State of Hawaii. (See "Compl.," Doc. # 1-1.) Plaintiffs Complaint stated that Plaintiff had been lured into a predatory mortgage loan and alleged the following thirteen Counts:

* Truth-In-Lending Act ("TILA") Violation (id. ¶ 8).

* Real Estate Settlement Procedures Act Violation (id. ¶ 8).

* Home Ownership Equity Protection Act Violation (id. ¶ 9).

* Fair Credit Report Act Violation (id. ¶ 10).

* Gramm-Leach-Bliley Act Violation (id. ¶ 11).

* Unfair and Deceptive Trade Practices Act Violation (id. ¶ 12).

* Negligent or Intentional Concealment (id. ¶ 13).

* Breach of Contract (id. ¶ 14).

* Rescission (id. ¶ 15).

* Conversion (id. ...


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