Brockbank et al v. Staples et al
Filing
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ORDER granting 13 Defendants' Motion for Summary Judgment; finding as moot 20 Plaintiffs' Motion for Order. This matter is DISMISSED with prejudice. Signed by Judge Ronald B. Leighton.(DN) Modified on 6/13/2013 (DN). (cc to pltf Brockbank)
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HONORABLE RONALD B. LEIGHTON
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA
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DONNAMAY BROCKBANK, and
DENNIS MOSES,
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Plaintiff,
CASE NO. C13-5168 RBL
ORDER GRANTING SUMMARY
JUDGMENT
v.
KEVIN STAPLES, BARBARA
STAPLES and DOES 1-5.,
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Defendant.
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Before the Court is Defendants’ Motion for Summary Judgment on Plaintiffs’ claims:
16 violations of the Truth in Lending Act, 15 U.S.C. § 1601 et seq. (“TILA”), and the Federal
17 Reserve Board Regulation Z, 12 C.F.R. § 226.1, et seq., breach of the covenant of good faith and
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fair dealing, intentional or negligent misrepresentation, quiet title, lack of formation of contract,
and declaratory and injunctive relief. [Dkt. # 13].
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Plaintiffs filed this action on March 7, 2013, seeking to set aside the trustee’s sale of their
20 real property located at 4700 NE St. Johns Rd., in Vancouver, WA. [Dkt. #1]. This is Plaintiffs’
21 eighth attempt to stop, stall, and now reverse the trustee’s sale. [Dkt. #14]. In total, Plaintiffs
22 have filed four bankruptcy cases, two superior court cases before the sale, and one case
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following it. Id. The bankruptcy court granted Defendants relief from the automatic stays; the
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ORDER GRANTING SUMMARY JUDGMENT - 1
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superior courts refused to enjoin the trustees’ sale or quiet title after the sale. The Clark County
2 superior court dismissed the quiet title action with prejudice. Id.
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This is not a court of appeals. Every claim is barred by the doctrine of res judicata. “The
doctrine of res judicata bars litigation where a prior judgment concerns the same “(1) subject
matter; (2) cause of action; (3) persons and parties; and (4) the quality of the persons for or
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against whom the claim is made.” Seattle-First Nat’l Bank v. Kawachi, 91 Wn.2d 223, 225–26
6 (1978). “Res judicata applies to matters actually litigated as well as those that ‘could have been
7 raised, and in the exercise of reasonable diligence should have been raised, in the prior
8 proceeding.’” Kelly-Hansen v. Kelly-Hansen, 87 Wn. App. 320, 328–29 (1997). All claims now
alleged against Defendants—misrepresentation, breach of covenant of good faith and fair
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dealing, and other claims relating to the amendment of their promissory note—have been raised
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by Plaintiffs in prior proceedings. In all of those proceedings, courts have denied relief. Because
11 the TILA claims now asserted could and should have been raised in one of the prior proceedings,
12 those claims are also barred.
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Furthermore, even if the TILA claims were not barred by the doctrine of res judicata, any
claim for rescission fails. First, the 2005 and 2010 Amendments to the 1988 note are just
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extensions of the maturity date and do not constitute new loan agreements subject to TILA
15 disclosure requirements.
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Second, if Plaintiffs did not receive proper TILA disclosures at the time of the original
17 1988 note, they had three years to rescind after the date of the consummation of the transaction.
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See 15 U.S.C. § 1635(f)); See Gossen v. JPMorgan Chase Bank, 819 F.Supp.2d 1162, 1168
(W.D. Wash. October 18, 2011) (citing 15 U.S.C. § 1635(f)). That time has clearly passed.
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Finally, with respect to the claims falling under the Washington Deed of Trust Act,
20 following foreclosure, a party may seek only monetary damages and may not obtain a judgment
21 affecting “the validity or finality of the foreclosure.” Wash. Rev. Code § 61.24.127(2)(b)–(c). As
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a result the Plaintiffs claims for breach of the covenant of good faith and fair dealing, quiet title,
lack of formation of contract, are statutorily barred.
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ORDER GRANTING SUMMARY JUDGMENT - 2
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For the reasons stated above, the Court hereby GRANTS Defendant’ motion for summary
2 judgment. [Dkt. #13]. For the same reasons, Plaintiffs’ Motion for Extension of Time to respond
3 to Defendants’ Motion for Summary Judgment is DENIED as moot. [Dkt. #17].
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Dated this 13th day of June, 2013.
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A
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RONALD B. LEIGHTON
UNITED STATES DISTRICT JUDGE
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ORDER GRANTING SUMMARY JUDGMENT - 3
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