and Submitted January 13, 2017 Pasadena, California
from the United States District Court for the Central
District of California D.C. No. 2:12-cv-03511-FMO-AGR
Fernando M. Olguin, District Judge, Presiding
Richard L. Antognini (argued), Law Office of Richard L.
Antognini, Grass Valley, California, for Plaintiff-Appellant.
Richard P. Steelman, Jr. (argued) and Glenn J. Plattner,
Bryan Cave LLP, Santa Monica, California, for
Before: Stephen S. Trott, M. Margaret McKeown, and Paul J.
Watford, Circuit Judges.
panel reversed the district court's summary judgment in
favor of J.P. Morgan Chase Bank, N.A. in Mahin Oskoui's
action seeking damages she allegedly suffered when she
unsuccessfully attempted to modify the loan on her home.
panel held that the facts plainly demonstrated a viable claim
under California's Unfair Competition Law on the ground
that Oskoui was a victim of an unconscionable process.
panel also held that the district court erred in failing to
acknowledge Oskoui's claim for breach of contract in her
pro se complaint. The panel remanded with instructions to
permit Oskoui to amend if necessary and to proceed with her
complaint for a breach of contract.
panel also remanded with instructions to permit Oskoui to
amend her complaint to allege a right to rescind pursuant to
Jesinoski v. Countrywide Home Loans, Inc., 135 S.Ct.
790 (2015) (holding that the Truth in Lending Act gives a
borrower the right to rescind certain loans), conditioned on
Oskoui's delivery of a rescission letter.
Oskoui sued defendant J.P. Morgan Chase Bank, N.A.
("Chase") for damages allegedly suffered when she
unsuccessfully attempted over a two-year period to modify the
loan on her home. Acting as her own attorney, she asserted
inter alia claims for a 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, the latter based on an assertion that she had
been victimized by Chase's unfair or fraudulent business
acts or practices. She also attempted to sue Chase for a
violation of 15 U.S.C. § 1601, the Truth in Lending Act
("TILA"). Without argument, the district court
declined to consider Oskoui's breach of contract claim
and granted summary judgment to defendant Chase.
jurisdiction over this timely appeal pursuant to 28 U.S.C.
§ 1291. We reverse and remand.
reviewing de novo the district court's decision, we view
the evidence in the light most favorable to the nonmoving
party. Olson v. Idaho State Bd. of Med., 363 F.3d
916, 922 (9th Cir. 2004).
1990, Mahin Oskoui, a registered nurse, purchased a
single-family home for herself in Los Angeles, California.
Her down payment on the property was $250, 000. In 2007, the
appraised value of the property was $1, 250, 000. On March
27, 2007, she refinanced her acquisition with a loan from
Washington Mutual Bank ("WaMu"). As security, she
executed a promissory note and a deed of trust securing the
note with the property. At that time, WaMu was the United
States' largest savings and loan association until it
imploded in 2008 during the subprime mortgage crisis and the
collapse of the so-called "housing bubble." In
turn, this debacle triggered massive loan defaults and a
severe national economic recession. The Office of Thrift
Supervision closed WaMu on ...