Oskoui v. J.P. Morgan, No. 15-55457 (9th Cir. 2017)Annotate this Case
Plaintiff, pro se, filed suit against Chase, alleging claims for, inter alia, breach of contract, breach of implied covenant of good faith and fair dealings, and a violation of California's Unfair Competition Law (UCL), Cal. Bus. & Prof. Code 17200, as well as violation of the Truth in Lending Act (TILA), 15 U.S.C. 1601. Plaintiff's claims stemmed from damages allegedly suffered when she unsuccessfully attempted over a two-year period to modify the loan on her home. The district court granted summary judgment for Chase. The court concluded that the facts plainly demonstrated a viable UCL claim based on the ground that plaintiff was the victim of an unconscionable process. In this case, Chase knew that plaintiff was a 68 year old nurse in serious economic and personal distress, yet it strung her along for two years, kept moving the finish line, accepted her money, and then brushed her aside. During this process, plaintiff made numerous frustrating attempts in person and by other means to seek guidance from Chase, only to be turned away. The court also concluded that the district court erred in failing to acknowledge plaintiff's claim for breach of contract and remanded with instructions to permit plaintiff to amend if necessary and to proceed with her complaint. The court also remanded with instructions to permit plaintiff to amend her complaint to allege a right to rescind under Jesinoski v. Countrywide Home Loans, Inc.