Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Dacumos v. Toyota Motor Credit Corp

United States District Court, W.D. Washington, Seattle

May 3, 2018

CAREN ROSE DACUMOS, Plaintiff,
v.
TOYOTA MOTOR CREDIT CORPORATION, et al., Defendants.

          ORDER GRANTING MOTIONS TO DISMISS

          RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE.

         I. INTRODUCTION

         This 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.

         II. BACKGROUND

         TMCC 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 ¶ ¶ 2.2-2.9.

         After 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.

         Plaintiff 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 Ibañez.
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. 15-2-13622-4 KNT.
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 A.
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, ¶ 3.
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. IbaƱez and Ms. ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.