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This is a jury instruction in a federal case in the Northern District of California concerning a homeowner's challenge to foreclosure practices, including violations of TILA, RESPA, FDCPA, the California debt collection statute, and breach of fiduciary duty.  The instructions include a number of general items of relevance to most consumer litigation and then instructions related to the homeowner's specific legal claims.  These instructions are mentioned in a decision favoring the homeowner in Drakeford v. Cap. Benefit, Inc., 2022 WL 2643984 (N.D. Cal.

This is one of three complaints illustrating the use of photographs and images inserted directly into a complaint to visually emphasize facts in a used car case.  The complaints were submitted by Matthew Osborne, a consumer attorney in Northglenn, Colorado.  This complaint is before an arbitrator in an action administered by the American Arbitration Association and involves breach of warranty, undisclosed defects, and misrepresentations concerning repairs performed, and replacement parts inserted into, a used car prior to its sale.

This is one of three complaints illustrating the use of photographs and images inserted directly into a complaint to visually emphasize facts in a used car case.  The complaints were submitted by Matthew Osborne, a consumer attorney in Northglenn, Colorado.  This complaint involves undisclosed wreck damage, failure to properly brand the title, and odometer tampering.

This is one of three complaints illustrating the use of photographs and images inserted directly into a complaint to visually emphasize facts in a used car case.  The complaints were submitted by Matthew Osborne, a consumer attorney in Northglenn, Colorado.  This complaint involves undisclosed wreck damage and undisclosed major vehicle repair problems. 

This is the consumers' reply to the defendant's objection to the consumers' request for attorney fees.  The settled case involved a law firm's use of allegedly unfair debt collection practices when it sought to recover its appointed counsel fees from the indigent defendants it was representing in criminal cases.  Among other reasons why the consumers argued for the court to award them significant attorney fees was the novelty of the case.  The consumers raised claims under the Fair Debt Collection Practices Act (FDCPA) and civil rights statutes, and the reply goes i

This is a 2021 first amended complaint in a class action involving land contracts, filed against Vision Property Management in federal court in Michigan. This action arises out of Vision’s discriminatory targeting of Black homebuyers for abusive credit terms in home purchase transactions. Promising these prospective home buyers the American dream of homeownership, Vision ensnared residents in predominantly Black Detroit-area communities in predatory and discriminatory contracts that were structured to fail.

This is a 2017 second amended complaint against Harbour Portfolio in an action involving land contracts, filed on behalf of a number of African-Americans in federal court in Georgia. The action arises out of Harbour Portfolio’s discriminatory targeting of African-American consumers for abusive credit terms in home purchase “contract for deed” transactions, both by intentional targeting and by utilizing practices that have a foreseeable disparate impact on African-American consumers.

This is a 2019 first amended complaint in a class action involving land contracts, filed against Vision Property Management in New Jersey state court. It argues that the contract is an illegal combination of a lease and a rent-to-own sale of real estate, in which the lease is illegal and the rent-to-own transaction is illegal, deceptive, fraudulent, predatory, and unconscionable. The single document into which they are combined is confusing and internally inconsistent.

This is the first amended complaint in a federal action in Michigan alleging misrepresentation of the terms of residential home sales and financing agreements, failure to disclose hidden credit charges, and conducting business in an unfair and deceptive manner. The complaint alleges deceptive promises of homeownership that lured unsuspecting home buyers into predatory and abusive loans that were designed to fail.

This is a consumer’s motion directed to a mortgage servicer asking the court to deem the consumer’s requests for admission admitted. A separate Pleading and Discovery file is a reply to the servicer’s objection, and a proposed order. These documents address frivolous objections commonly raised by corporate defendants including: the document speaks for itself, the facts are public record and may be easily verified by the requestor, and the request seeks admission of a legal theory rather than a fact. Although filed in state court (Maine) it applies the Fed. R. Civ. P.

This is a reply to the servicer’s objection to the consumer’s request to deem the consumer’s admission requests admitted, and also a proposed order. Another Pleading and Discovery file is the consumer’s motion directed to a mortgage servicer asking the court to deem the consumer’s requests for admission admitted.

The complaint asserts causes of action for fraudulent misrepresentation, fraudulent concealment, violations of the Consumers Legal Remedies Act, Civ. Code §1782 et seq.; the Elder Abuse and Dependent Adult Civil Protection Act, Welf. & Inst. Code §15600, et seq.; the Home Solicitation Sales Act, Civ. Code §1689.5 et seq.; Bus. & Prof. Code §7150 et seq.; and the Unfair Competition Law, Bus. & Prof. Code §17200 et seq. against both Appellants and a cause of action for violations of the Rosenthal Fair Debt Collection Practices Act, Civ. Code §1788 et seq.

This brief addresses the applicability of section 227(c)(5) to text messages. 

The Telephone Consumer Protection Act prohibits sending text messages to phone numbers on the national Do Not Call List, just as it prohibits traditional voice calls. As both the FCC and courts have long recognized, the plain meaning of the word “call” in the TCPA
encompasses any attempt to communicate by phone, “regardless of whether that call is communicated by voice or text.”

This brief addresses the applicability of section 227(c)(5) to text messages. 

The Telephone Consumer Protection Act prohibits sending text messages to phone numbers on the national Do Not Call List, just as it prohibits traditional voice calls. As both the FCC and courts have long recognized, the plain meaning of the word “call” in the TCPA
encompasses any attempt to communicate by phone, “regardless of whether that call is communicated by voice or text.”

Interrogatories to Assignee re Home Improvement Fraud

This is an answer and counterclaim by a manufactured home purchaser against a manufactured home dealer and employee, which had brought an action against the purchaser to repossess the home and for the balance of the price.  The pleading alleges that the set-up for the manufactured home, a double-wide, was not completed and that the home was uninhabitable. It alleges counterclaims for breach of contract, negligence, breach of express and implied warranties, fraud in the inducement, and unfair and deceptive trade practices.

This request for production of documents on behalf of the purchaser of a manufactured home focuses on defects in the home.  It asks the manufacturer to produce the basic contract documents and warranties, reports regarding the inspection of the home and inspections of the manufacturer’s factory, repair records, and various other documents.   It was prepared and filed for use in an arbitration proceeding but could be adapted for use in court.

This is a sample request for production of documents to a manufactured home manufacturer, focusing on defects in the home.

This is a sample complaint against a dealer and a manufacturer of a defective manufactured home.  It also alleges that the home was represented as new even though it had been previously sold.  It alleges claims for breach of contract, breach of an express warranty and the implied warranty of merchantability, and violation of the Magnuson-Moss Act and the state UDAP statute. 

This is a sample complaint regarding defects in a manufactured home.