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KAJITANI v. DOWNEY SAV. AND LOAN ASS'N, F.A.

Civil No. 07-00398 SOM/LEK.

647 F.Supp.2d 1208 (2008)

Geraldine I. KAJITANI, individually and as a trustee of the Geraldine I. Kajitani Revocable Trust, and Arnold K. Kajitani, individually as trustee of the Arnold K. Kajitani Revocable Trust, Plaintiffs, v. DOWNEY SAVINGS AND LOAN ASSOCIATION, F.A., Defendant. Downey Savings and Loan Association, F.A., Third-Party Plaintiff, v. Dana Capital Group, Inc., Matthew Green, and Mark Atalla, Third-Party Defendants.

United States District Court, D. Hawai`i.

May 22, 2008.

Attorney(s) appearing for the Case

Bruce H. Wakuzawa, Law Office of Bruce H. Wakuzawa, John Harris Paer, Honolulu, HI, for Plaintiffs.

Nicholas C. Dreher, Theodore D.C. Young, Teri-Ann Emiko Shiroma Nagata, Cades Schutte, Honolulu, HI, for Defendant/Third-Party Plaintiff.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

SUSAN OKI MOLLWAY, District Judge.

I. INTRODUCTION.

In 2006, Plaintiffs Geraldine and Arnold Kajitani (the "Kajitanis") refinanced their fixed-rate mortgage, obtaining an adjustable-rate mortgage with Defendant Downey Savings and Loan Association, F.A. ("Downey"). The Kajitanis now sue Downey, alleging violations of the Truth in Lending Act, 15 U.S...

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