United States District Court, W.D. Washington, Seattle
ORDER GRANTING MOTIONS TO DISMISS
RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE.
matter comes before the Court on Defendant Toyota Motor
Credit Corporation's (“TMCC”) Motion to
Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6),
in which Defendant Patenaude & Felix, A.P.C.
(“P&F”) has also joined. Dkts. #59 and #61.
Defendant TMCC seeks dismissal of all claims against it,
while Defendant P&F seeks to dismiss some of the claims
against it. Plaintiff opposes the motions. Dkt. #65. Having
reviewed the record before it, and neither party having
requested oral argument on the motions, the Court now GRANTS
Defendants' motions for the reasons discussed herein.
and two former Defendants removed the instant action to this
Court on June 26, 2017. Dkt. #1. Plaintiff initially alleged
violations of the FCRA and damages arising from the continued
credit reporting of a charged off amount of a car loan that
she co-signed. Id. Plaintiff also initially named
Defendant TMCC as the creditor/furnisher and Defendants
Equifax Information Services LLC (“Equifax”) and
Experian Information Solutions, Inc. (“Experian”)
as the credit reporting agencies. Dkt. #1-1 at ¶ ¶
Defendant TMCC moved for judgment on the pleadings, which
this Court granted, Plaintiff dismissed Equifax and Experian
and filed an Amended Complaint. Dkts. #33, #45, #48 and #52.
In the Amended Complaint, Plaintiff continues to name TMCC as
the creditor/furnisher of the car loan at issue, and now
names P&F as a Defendant. Dkt. #52 at ¶ 2.5.
According to the Amended Complaint, TMCC hired P&F to
file a lawsuit in the Superior Court of King County,
Washington to collect an alleged unpaid vehicle loan account
from Plaintiff. Id.
alleges the factual background to her claims as follows:
4.1 Plaintiff (hereinafter “Ms. Dacumos”)
co-signed a vehicle loan with Defendant TOYOTA MOTOR CREDIT
CORPORATION (hereinafter “TMCC”) for Melanthon
4.2 Thereafter, Mr. Ibañez defaulted on the loan.
4.3 TMCC sued Mr. Ibañez and Ms. Dacumos in TMCC
Motor Credit Corporation v. Melanthon Ibañez and
Carenrose Dacumos, King County Superior Court Case No.
4.4 TMCC and its lawyers, P&F, violated Ms. Dacumos's
rights in the prosecution of 15-2-13622-4.
4.5 Ms. Dacumos brought a separate action against TMCC and
P&F, entitled Carenrose Dacumos v. Patenaude &
Felix, A.P.C. and TMCC Motor Credit Corporation, King
County Cause No. 15-2-26288-2 SEA.
4.7 Ms. Dacumos, TMCC, and P&F simultaneously resolved
all claims and both lawsuits through a
global release and settlement agreement (“settlement
agreement”), attached hereto as Exhibit
4.8 TMCC's counsel drafted the release and settlement
agreement. . . .
4.10 Ms. Dacumos agreed to dismiss her lawsuit against TMCC
and P&F in exchange for the following consideration:
A. TMCC dismissed its lawsuit, 15-2-13622-4 KNT, against Ms.
Dacumos, with prejudice. See, Ex.
A, p. 1, ¶ 2(a).
B. P&F paid Ms. Dacumos $5, 000.00 for the damages
P&F caused through its statutory violations.
See, Ex. A, p. 1, ¶ 1.
C. Ms. Dacumos filed a motion for prevailing party costs and
attorney's fees in her case against TMCC and P&F,
15-2-26288-2 SEA. See, Ex. A, p. 1,
D. TMCC and P&F agreed to never again attempt to collect
from Ms. Dacumos the debt at the heart of TMCC/P&F's
debt collection lawsuit filed against Mr. Ibañez and