Garczynski v. Countrywide Home Loans, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a complaint fails to “sufficiently plead an agency relationship” exists when it does not “allege that the purported principal exerted any control over the purported agent.” (citing Marrone v. Green, No. 09-213, 2009 WL 605899, at (E.D. Pa. Mar. 10, 2009))
• finding conclusory allegations of agency without factual support insufficient to survive a motion to dismiss
• “An agency relationship can be established in four ways: (1) express authority; (2) implied authority, to do all that is proper, usual and necessary to the exercise of the authority actually granted; (3
• “For a RESPA claim to warrant equitable tolling, mere silence or nondisclosure is not enough to trigger estoppel; the adversary must commit some affirmative independent act of concealment upon which the plaintiffs justifiably rely in order to toll the statute.”

Source: CourtListener parenthetical corpus (CC0).