Mendoza et al v. Lithia Motors, Inc. et al
||Angela Garrison, Donald Garrison, Angelita Jarman, David Jarman, Carol Jocks, Martin Jocks and Joseph Frank Mendoza
||Lithia Financial Corporation, Lithia Klamath, Inc., Lithia Motors, Inc. and Salem-V, LLC
||June 24, 2016
||US District Court for the District of Oregon
||Eugene (6) Office
||Ann L. Aiken
|Nature of Suit:
||Truth in Lending
|Cause of Action:
||15:1601 Truth in Lending
|Jury Demanded By:
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|March 30, 2019
ORDER: Granting Motion for Summary Judgment 74 . See, formal Order and Opinion. Signed on 3/30/2019 by Judge Ann L. Aiken. (rdr)
|March 27, 2018
OPINION AND ORDER: Defendants' Partial Motion to Dismiss Plaintiffs' Third Amended Complaint 48 is GRANTED IN PART and DENIED IN PART. Plaintiffs' Request for Leave to Amend is GRANTED IN PART and DENIED IN PART. Specifica lly, plaintiffs' claims under TILA, as well as claims under the UTPA based on violations of TILA, are dismissed with prejudice. Plaintiffs' claims under O.R.S. § 646.608(1)(a), (b), (c), (j), and (s) are also dismissed with prejudice . However, plaintiffs' claim under O.R.S. § 646.608(1)(u) and OAR 137-020-0020(3)(u) are not dismissed, and plaintiffs have 30 days from this order to amend their complaint on this allegation. Signed on 3/27/2018 by Judge Ann L. Aiken. (ck)
|January 11, 2017
ORDER: Granting in Part Denying in Part with leave to renew 15 Motion to Dismiss for Failure to State a Claim. Plaintiffs' allegations defeat defendants' motion based on the statute of limitations at this stage of the proceeding s. However, plaintiffs' allegations regarding third-party products and services do not support claims under Or. Rev. Stat. §§ 646.608(l)(e),(g), and (k) and those claims are DISMISSED. Further, plaintiffs' theories of ascertainabl e loss and causation with respect to vehicle financing and third-party products and services are unclear and do not state a claim for violation of the UTPA. Within thirty (30) days, plaintiffs shall move to amend their complaint to clarify the nature of the losses they suffered and explain how their losses were caused by each defendant's conduct. See, formal Opinion. Signed on 1/11/2017 by Judge Ann L. Aiken. (rdr)
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