Choudhuri v. Specialised Loan Servicing
- James Donato
- 3:19-cv-04198
- U.S. District Court · Northern District of California
- 2
In Choudhuri v. Specialised Loan Servicing, Judge Donato dismissed nearly all claims, leaving a RESPA claim against both defendants.
Kabita Choudhuri’s claims against Bosco Credit and Specialised Loan Servicing; only the RESPA claim against both defendants remained.
What happened
In Choudhuri v. Specialised Loan Servicing, the court considered two defendants’ requests to dismiss Kabita Choudhuri’s third amended complaint. Choudhuri represented herself.
The court dismissed the fraud and civil racketeering claims with prejudice, along with the harassment and contract claims. Any new claims added without the court’s prior approval were also dismissed. A claim under the Real Estate Settlement Procedures Act remained against both defendants in the count labeled promissory estoppel.
Judge James Donato also denied requests for judicial notice as moot and directed the parties to propose a scheduling order for the remaining claim. The order was dated June 18, 2021.
The detailed version
- Choudhuri v. Specialised Loan Servicing · No. 3:19-cv-04198
- James Donato
- June 18, 2021
Background
The court resolved motions to dismiss filed by Bosco Credit and Specialised Loan Servicing against Kabita Choudhuri’s third amended complaint. The opinion states that Choudhuri was proceeding without a lawyer. The court had previously dismissed an earlier complaint and had given guidance about deficiencies in the allegations.
Rulings on the claims
- Fraud (Count 3): The court held that the third amended complaint still did not allege enough facts, with the specificity required by Federal Rule of Civil Procedure 9(b), to plausibly claim that Bosco had fraudulently failed to apply prior payments to Choudhuri’s debt. The fraud claim was dismissed with prejudice. - Civil RICO (Count 2): The court held that the complaint still did not adequately allege the elements of a civil claim under the Racketeer Influenced and Corrupt Organizations statute, including an enterprise or a pattern of racketeering activity. The RICO claim was dismissed with prejudice. - Harassment and contract claim (Count 4): The court held that the complaint still did not allege enough facts to plausibly state harassment or breach-of-contract claims, including because it did not identify a contract at issue. This claim was dismissed with prejudice. - New claims: To the extent the third amended complaint asserted new claims, the court dismissed them based on its prior order barring new claims without prior court approval. - RESPA claim: All claims were dismissed except the claim under the Real Estate Settlement Procedures Act against both defendants in the count labeled “promissory estoppel.”
The court said dismissal with prejudice was warranted because Choudhuri had multiple opportunities to state plausible claims and had received specific guidance about the problems in her earlier pleadings. The requests for judicial notice were denied as moot.
Disposition
The motions to dismiss were granted as to the claims described above, leaving the RESPA claim against both defendants for further proceedings. The parties were directed to submit a proposed scheduling order for that claim by July 16, 2021. The order states that it was issued by United States District Judge James Donato on June 18, 2021.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.