US-Klage McKalpain u.a. gegen die Deutsche Bank AG

18.März 2010: Anlegerklage des Herrn Christopher McKalpain et al v. Deutsche Bank AG et al;  Cause: 15:1601 UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIATruth in Lending; Jury Demand: Plaintiff;  Nature of Suit: 371 Truth in Lending; 12.Mai 2010: teilweise Klagabweisung.

Für den im Kapitalanlagebereich Tätigen eine interessante Auseinandersetzung mit im Anlagebereich einschlägigen US-Gesetzen / Anspruchsgrundlagen.  Hintergrund (aus der Order des Gerichts betr. t.w. Klagabweisung):

:“McKalpain’s complaint alleges violations of the Truth in Lending Act (“TILA”), the Real Estate Settlement Procedures Act (“RESPA”), the Home Ownership and Equity Protection Act (“HOEPA”), the Fair Debt Collection Practices Act (“FDCPA”), several federal civil rights laws, and various California state laws….. McKalpain alleges that Defendants failed to explain the “inherent volatility” of the loans’ interest rates and that they never “explained the workings of the entire rate [and] how it iscomputed.” (Id. ¶ 13.) Additionally, he contends that he would have “qualified for a prime-ratemortgage…[with] less in fees and interest,” but Defendants “charged and obtained improper feesfor the placement of [his] loan as ‘sub-prime.’” (Id. ¶ 14.) He avers that Defendants have“placed” loans for the purpose of unlawfully increasing and obtaining yield spread fees in excessof “lawfully earned” amounts (Id. ¶ 31.), and claims that Defendants acted without regard to hisactual income or cash flow and merely intended to induce him to default….“

Verfahrensdokumente:Klage McKalpainKlageabweisung (t.w.) McKaplain

Im übrigen ersehen Sie hier die bisherigen Verfahrensschritte:

Date Filed	#	Docket Text
03/18/2010	1// <![CDATA[//	COMPLAINT against Defendants Aztec Foreclosure Corporation, DOES 1-10, inclusive, Deutsche Bank AG, HSBC Bank USA, N.A., Ocwen Loan Servicing, LLC. Case assigned to Judge Gary A. Feess for all further proceedings. Discovery referred to Magistrate Judge Alicia G. Rosenberg.(Filing fee $ 350 PAID) Jury Demanded, filed by plaintiff Christopher McKalpain. (Attachments: # 1 Appendix, # 2 Appendix, # 3 Appendix, # 4 Appendix)(car) (Entered: 03/22/2010)
03/18/2010	2// <![CDATA[//	CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Christopher McKalpain (car) (Entered: 03/22/2010)
03/18/2010	3// <![CDATA[//	NOTICE of Pendency of Action [CCP 405.20] filed by plaintiff Christopher McKalpain. (car) (Entered: 03/22/2010)
03/18/2010		21 DAY Summons Issued re Complaint – (Discovery), 1 as to Defendants Aztec Foreclosure Corporation, DOES 1-10, inclusive, Deutsche Bank AG, HSBC Bank USA, N.A., Ocwen Loan Servicing, LLC. (car) (Entered: 03/22/2010)
04/02/2010	4// <![CDATA[//	PROOF OF SERVICE Executed by Plaintiff Christopher McKalpain, upon Defendant Deutsche Bank AG served on 3/31/2010, answer due 4/21/2010. Service of the Summons and Complaint name of person whom accepted service not stated in compliance with California Code of Civil Procedure by personal service. Original Summons NOT returned. (bp) (Entered: 04/06/2010)
04/02/2010	6// <![CDATA[//	PROOF OF SERVICE Executed by Plaintiff Christopher McKalpain, upon Defendant HSBC Bank USA, N.A. served on 3/31/2010, answer due 4/21/2010. Service of the Summons and Complaint were executed upon CT corporation, name of the person whom accepted service not stated, served in compliance with California Code of Civil Procedure by substituted service on a domestic corporation, unincorporated association, or public entity and no service by mail was executed. Original Summons NOT returned. (bp) (Entered: 04/08/2010)
04/05/2010	5// <![CDATA[//	PROOF OF SERVICE Executed by Plaintiff Christopher McKalpain, upon Defendant Ocwen Loan Servicing, LLC served on 3/30/2010, answer due 4/20/2010. Service of the Summons and Complaint were executed upon Becky DeGeorge-agent in compliance with California Code of Civil Procedure by method of service not specified. Original Summons NOT returned. (bp) (Entered: 04/06/2010)
04/14/2010	7// <![CDATA[//	NOTICE OF MOTION AND MOTION to Dismiss Plaintiff’s Complaint filed by defendants HSBC Bank USA, N.A., Ocwen Loan Servicing, LLC. Motion set for hearing on 5/17/2010 at 09:30 AM before Judge Gary A. Feess. (Attachments: # 1 Exhibit 1)(Campbell, John) (Entered: 04/14/2010)
04/14/2010	8// <![CDATA[//	NOTICE OF MOTION AND MOTION for Order for Expunging Notice of Pendency of Action and Request for Attorney Fees and Costs of $1,777.50; Memorandum of Points and Authorities in Support Thereof; Declaration of J. Owen Campbell in Support filed by defendants HSBC Bank USA, N.A., Ocwen Loan Servicing, LLC. Motion set for hearing on 5/17/2010 at 09:30 AM before Judge Gary A. Feess. (Attachments: # 1 Exhibit 1)(Campbell, John) (Entered: 04/14/2010)
04/15/2010	9// <![CDATA[//	NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION to Dismiss Plaintiff’s Complaint 7 . The following error(s) was found: Other error(s) with document(s) are specified below. Other error(s) with document(s): Proposed order not submitted. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bp) (Entered: 04/16/2010)
04/16/2010	10// <![CDATA[//	CERTIFICATE of Interested Parties filed by defendants HSBC Bank USA, N.A., Ocwen Loan Servicing, LLC, identifying Ocwen Financial Corporation; HSBC Bank. (Campbell, John) (Entered: 04/16/2010)
04/26/2010	11// <![CDATA[//	OPPOSITION TO MOTION for Order for Expunging Notice of Pendency of Action and Request for Attorney Fees and Costs of $1,777.50; Memorandum of Points and Authorities in Support Thereof; Declaration of J. Owen Campbell in Support 8 , MOTION to Dismiss Plaintiff’s Complaint 7 filed by Plaintiff Christopher McKalpain. (bp) (Entered: 04/28/2010)
05/03/2010	12// <![CDATA[//	REPLY in Support of MOTION to Dismiss Plaintiff’s Complaint 7 filed by Defendants HSBC Bank USA, N.A., Ocwen Loan Servicing, LLC. (Campbell, John) (Entered: 05/03/2010)
05/03/2010	13// <![CDATA[//	REPLY in Support of MOTION for Order for Expunging Notice of Pendency of Action and Request for Attorney Fees and Costs of $1,777.50; Memorandum of Points and Authorities in Support Thereof; Declaration of J. Owen Campbell in Support 8 filed by Defendants HSBC Bank USA, N.A., Ocwen Loan Servicing, LLC. (Campbell, John) (Entered: 05/03/2010)
05/12/2010	14// <![CDATA[//	MINUTES (IN CHAMBERS): ORDER RE: MOTION TO DISMISS by Judge Gary A. Feess: The Court GRANTS Defendants HSBC and Ocwen’s motion to dismiss McKalpain’s federal causes of action. McKaplan’s claims for TILA recission, and violations of sections 1981 and 1983 are DISMISSED with prejudice. All other federal claims are DISMISSED with leave to amend no later than May 24, 2010, 7 , 8 (bp) (Entered: 05/14/2010)
05/17/2010	15// <![CDATA[//	PROOF OF SERVICE Executed by Plaintiff Christopher McKalpain, upon Defendant Aztec Foreclosure Corporation served on 3/31/2010, answer due 4/21/2010. Service of the Summons and Complaint were executed upon CT Corporation (Agent-Mary S./Manager) in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (bp) (Entered: 05/18/2010)