United States Ninth Circuit

Dismissal of plaintiff-borrower's claim brought under Hawaii law alleging unfair and deceptive acts by defendant-bank is reversed and remanded, where: 1) district courts evaluating whether a borrower's complaint states a claim under Hawaii Rev. Stat. sections 480-2 and 480-13 against a lender need only address whether the complaint adequately alleges that the lender used unfair or deceptive acts in its relationship with the borrower, without looking to negligence law to determine whether the lender breached a common law duty of care; 2) the district court erred in dismissing plaintiff-borrower's claim solely on the ground that plaintiff-borrower failed to allege that defendant-bank exceeded its role as a lender and owed an independent duty of care to plaintiff-borrower; and 3) the complaint adequately alleged under Hawaii law unfair and deceptive acts by defendant-bank, and injury resulting in damage to plaintiff-borrower, to withstand a motion to dismiss.

Appellate Information

• Decided 08/04/2014
• Published 08/04/2014

Judges

• IKUTA

Court

• United States Ninth Circuit

Counsel