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Alliant Credit Union v. Abrego

Court of Appeals of Washington, Division One

November 5, 2018, Oral Argument; December 31, 2018, Filed

No. 76669-4-1

Opinion

¶1 Dwyer, J. — Imelda Abrego obtained a loan from Alliant Credit Union on which she subsequently defaulted. Alliant sued Abrego for breach of contract and was granted summary judgment. On appeal, Abrego asserts that a factual dispute existed as to whether she personally applied for and obtained the loan and that the trial court improperly dismissed her counterclaims against Alliant and its attorneys for abuse of process. Finding no error, we affirm.

¶2 Alliant Credit Union received a vehicle loan application from Imelda Abrego on October 31, 2014. The loan application related to Abrego's request for the financed acquisition of a 2014 Mercedes GL 450. The application inputs included Abrego's name, e-mail, income, employer, and a VIN for the Mercedes.

¶3 On November 3, Abrego sent Alliant a copy of the purchase agreement for the Mercedes and [*2]  earnings statements for two periods in October 2014. The purchase agreement showed the total purchase price of the Mercedes to be $74,419, with $9,419 to be paid directly by Abrego to the dealership and $65,000 to be financed by Alliant. This purchase agreement listed Abrego's home address, date of birth, driver's license number, and home telephone number.

¶4 The next day, Alliant's loan officer, Lukas Gagainis, telephoned Abrego at her landline number and had a conversation with Abrego that was recorded by Alliant. Abrego verified a number of personal identifier questions during the call. Gagainis informed Abrego that she would need to become an Alliant member to proceed with her loan application. Gagainis also advised Abrego that he would be out of the office the following day, November 5, and gave Abrego the name and telephone number of his supervisor, Andy Vostatek, so that she could telephone him to close on the loan details once she was approved for membership.

¶5 On November 5, Abrego submitted a membership application to Alliant to facilitate approval of her loan application and, that same day, telephoned Vostatek from her landline. During the call, she verified her Social Security [*3]  number, date of birth, and ZIP code. Vostatek advised Abrego that she could expect an e-mail from Alliant's loan processing department that would subject her to a security verification process. During that call, Abrego confirmed that the $65,000 loan advance check would be made jointly payable to her and to the Mercedes dealership and sent via Federal Express to her home address in Seattle. She also confirmed that monthly loan payments would be due on the 20th of each month.

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2018 Wash. App. LEXIS 2964 *

Alliant Credit Union, Respondent, v. Imelda Abrego et al., Appellants.

Notice: RULES OF THE WASHINGTON COURT OF APPEALS MAY LIMIT CITATION TO UNPUBLISHED OPINIONS. PLEASE REFER TO THE WASHINGTON RULES OF COURT.

Subsequent History: Reported at Alliant Credit Union v. Abrego, 7 Wn. App. 2d 1001, 2018 Wash. App. LEXIS 2982 (Dec. 31, 2018)

Prior History:  [*1] Appeal from King County Superior Court. Docket No: 15-2-25171-6. Judge signing: Honorable Timothy A Bradshaw. Judgment or order under review. Date filed: 03/13/2017.

Alliant Credit Union v. Abrego, 2017 Wash. Super. LEXIS 16154 (Mar. 13, 2017)

CORE TERMS

default, telephone, summary judgment, trial court, funds, electronically, dealership, abuse of process, loan application, loan documents, signature, entitled to judgment, monthly payment, material fact, matter of law, counterclaims, earnings, parties, e-mail