Bediako v. American Honda Finance Corp.

850 F. Supp. 2d 574, 2012 U.S. Dist. LEXIS 138806, 77 U.C.C. Rep. Serv. 2d (West) 241, 2012 WL 1057558
CourtDistrict Court, D. Maryland
DecidedMarch 28, 2012
DocketCivil Action No. RWT 11-001
StatusPublished
Cited by4 cases

This text of 850 F. Supp. 2d 574 (Bediako v. American Honda Finance Corp.) is published on Counsel Stack Legal Research, covering District Court, D. Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bediako v. American Honda Finance Corp., 850 F. Supp. 2d 574, 2012 U.S. Dist. LEXIS 138806, 77 U.C.C. Rep. Serv. 2d (West) 241, 2012 WL 1057558 (D. Md. 2012).

Opinion

MEMORANDUM OPINION

ROGER W. TITUS, District Judge.

This is a purported class action seeking damages and other relief on behalf of the Plaintiff and others similarly situated for allegedly deficient sales of repossessed automobiles in violation of Maryland Law. As explained below, the Court concludes that the Complaint is, in a reversal of the usual formulation, both “too late” and “too little.”

I. Background

A. Summary of Facts

On April 3, 2004, the Plaintiff, Melissa Bediako (“Bediako”), purchased a used 1999 Acura TL in Montgomery County, Maryland, from Ourisman Bethesda, Inc., d/b/a Ourisman Honda. See Compl., ECF No. 1 ¶ 21. She obtained financing for the purchase by executing a Retail Installment Sale Contract (“RISC”). Id. ¶ 23; see also Defs. Mot. to Dismiss, Aff. Kevin P. Farrell, Ex. 1 RISC Contract, ECF No. 3-2 at 3-4. The RISC contains a provision that affirmatively elects to have the agreement governed by Subtitle 10 of Title 12 of the Commercial Law Article of the Annotated Code of Maryland, a subtitle that contains Maryland law governing credit grantor closed end credit agreements. Compl., ECF No. 1 ¶ 24. This subtitle is commonly referred to as “CLEC.” The RISC was subsequently assigned to the Defendant, American Honda Finance Corp. (“Honda Finance”). Id. ¶¶ 26 & 27.

Bediako fell behind in required payments, and her car was repossessed on or before April 28, 2005. Id. ¶ 30. On April 28, 2005, Honda Finance mailed to Bediako a redemption notice telling her that her car would be sold unless she redeemed it by paying any amounts past due under her credit contract. See Defs. Mot. to Dismiss, Aff. Kevin P. Farrell, Ex. 3 Right to Redeem Notice, ECF No. 3-2 at 6-7. The redemption notice advised Bediako of her right to reinstate the contract if, within fifteen days, she paid the arrearage. Id. at 6. The notice also identified the exact location where the vehicle was stored. Id. On the same date, Honda Finance wrote to Bediako and gave her a notice of its plan to sell her property at a private sale. See Defs. Mot. to Dismiss, Aff. Kevin P. Farrell, Ex. 2 Notice of Private Sale, ECF No. 3-2 at 5. The notice advised Bediako that (1) her vehicle would be sold at a private sale sometime after May 15, 2005, (2) the money received at the sale would reduce the amount owed, and (3) she would still owe any resulting deficiency. The notice further stated that Bediako should call Honda Finance if she had any questions or needed more information regarding the repossession and sale. Id.

On July 1, 2005, Bediako’s car was sold at a private sale, and on August 4, 2005, Honda Finance wrote to her and provided her with a notice indicating that after the sale a deficiency remained of $7,036.80. See Compl., ECF No. 1 ¶ 37-38; See also Defs. Mot. to Dismiss, Aff. Kevin P. Farrell, Ex. 4 Post-Sale Notice, ECF No. 3-2 at 8-9. After the sale, Honda Finance was unsuccessful in obtaining any voluntary payments from Bediako, either directly or through a debt collector, until 2008 when three payments were received, one in the amount of $275.00 on April 9, another in the amount of $50.00 on May 21, and a final payment of $50.00 on June 17, 2008. Compl., ECF No. 1 ¶¶ 40^15.

B. Earlier Litigation

On May 17, 2010, Honda Finance filed an action against Bediako in the District [577]*577Court of Maryland for Prince George’s County, but that action was dismissed by Honda Finance on October 27, 2010. Id. ¶¶ 48^19. At oral argument before this Court on October 13, 2011, Honda Finance represented to the Court that it was abandoning any effort to recover any deficiency from Bediako.

On August 12, 2010, prior to the dismissal of Honda Finance’s Maryland District Court action against her, Bediako filed, a “class action complaint” in the Circuit Court for Baltimore County, Maryland, alleging certain procedural irregularities in the sale of her automobile and asserting claims for declaratory judgment, breach of contract, restitution and unjust enrichment and violations of CLEC and Maryland’s Consumer Protection Act (“CPA”), Maryland Code, Comm. Law, § 13-101, et seq., law. Honda Finance removed the Baltimore County Circuit Court action to the United States District Court for the District of Maryland, Northern Division. See Notice of Removal, Bediako v. American Honda Finance Corporation, Case No. 1: 10-cv-02578-JFM (D.Md. Sept. 17, 2010) ECF No. 1.

On September 24, 2010, Honda Finance filed a Motion to Dismiss Bediako’s Complaint in the removed Baltimore County action in which it contended that her claims were barred by the applicable statutes of limitations and that the causes of action asserted for CLEC violations, breach of contract, Consumer Protection Act violations, restitution or unjust enrichment and for declaratory relief failed to state a claim. See Defs Mot. to Dismiss, Bediako v. American Honda Finance Corporation, Case No. l:10-cv-02578-JFM (D.Md. Sept. 24, 2010) ECF No. 8. Rather than to respond to Honda Finance’s motion, Bediako filed a Notice of Dismissal on September 26, 2010. See Notice, Bediako v. American Honda Finance Corporation, Case No. 1:10-cv-02578-JFM (D.Md. Sept. 26, 2010) ECF No. 9.

C. The Present Litigation

A little over three months later, Bediako filed essentially the same complaint against Honda Finance in the Southern Division of this Court.1 Once again, Honda Finance filed a Motion to Dismiss, asserting essentially the same grounds for dismissal as it had previously asserted in its Motion to Dismiss filed in the Northern Division before that case was voluntarily dismissed by Bediako.

The Court heard arguments on the Motion to Dismiss on October 13, 2011, and now concludes that Bediako’s Complaint must be dismissed with prejudice, and the Court need not address or reach her class action allegations.

II. Legal Standards For A Motion To Dismiss

A motion to dismiss under Rule 12(b)(6) tests the sufficiency of a complaint; importantly, “it does not resolve contests surrounding the facts, the merits of a claim, or the applicability of defenses.” Republican Party of N.C. v. Martin, 980 F.2d 943, 952 (4th Cir.1992). “Federal Rule of Civil Procedure 8(a)(2) requires only a short and plain statement of the claim showing that the pleader is entitled to relief, in order to give the defendant fair notice of what the ... claim is and the grounds upon which it rests.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) (internal quotation marks omitted). The complaint need not assert “detailed factual allegations,” but must contain “more than labels and conclusions” or a “formulaic recitation of the elements of a cause of action.” Id. [578]*578“Factual allegations must be enough to raise a right to relief above the speculative level.” Id.

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850 F. Supp. 2d 574, 2012 U.S. Dist. LEXIS 138806, 77 U.C.C. Rep. Serv. 2d (West) 241, 2012 WL 1057558, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bediako-v-american-honda-finance-corp-mdd-2012.