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- Yokoyama v. Midland National Life Ins. Co., 594 F.3d 1087 (9th Cir. 2010)
- https://www.govinfo.gov/content/pkg/USCOURTS-casd-3_08-md-01988/pdf/USCOURTS-casd-3_08-md-01988-4.pdf
- IN RE: COUNTRYWIDE FINANCIAL CORP. MORTGAGE MARKETING AND SALES PRACTICES LITIGATION,
- First, she relies
on Yokoyama v. Midland National Life Ins. Co., 594 F.3d 1087 (9th Cir. 2010). That case involved
a claim under Hawaii’s Deceptive Practices Act, a counterpart to California’s UCL. There, the
plaintiffs alleged that representations in the defendant’s sales and marketing brochures were
misleading and deceptive in that the defendant “represents that its annuities protect its clients from the risks of the stock market and that Midland fails to include in its documentation facts necessary to
inform prospective purchasers of the true risks, possible detriments, and unsuitability of Midland’s
long-term annuities for seniors.” Id. at 1090. The district court denied class certification on the
ground that individual issues of reliance would predominate over any common issues. The Ninth
Circuit disagreed with the district court’s interpretation of Hawaii law, and instead found that reliance
could be shown by an objective, reasonable person standard. Id. at 1093. In light of that legal error,
the Ninth Circuit reversed the district court’s denial of class certification.
Plaintiff likens her case to Yokoyama, specifically that portion of the case that describes the
plaintiff’s claim as one that relies exclusively on written materials. However, there is a critical
distinction between the facts of Yokoyama and the facts of this case: In Yokoyama, the defendant
“obligate[d] its brokers, with respect to each sale, ... to certify that nothing was said that is inconsistent
with Midland’s brochures and disclosure forms.” Id. at 1090. In contrast, Defendants here imposed
no such obligation on their loan officers or the independent brokers. On the contrary, Defendants
assert their brokers and loan officers “provided the supposedly omitted information to each borrower
in oral communications or in other loan documents that varied from borrower to borrower.” (Opp’n
to Mot. at 11) (citations omitted).
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