Filed Date: May 3, 2024
Case Ongoing
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This is a case alleging loan discrimination against DACA recipients. The plaintiff, represented by the Mexican American Legal Defense and Education Fund, filed a putative class action against Kinecta Federal Credit Union on May 3, 2024 in the U.S. District Court for the Central District of California. Plaintiff alleged that Kinecta discriminated against him, in violation of 42 U.S.C. § 1981 and California anti-discrimination law, by denying him an auto loan because he obtained his social security card through DACA. Plaintiff sought statutory and compensatory damages, a preliminary and permanent injunction, a declaratory judgment, and attorneys' fees. He sought certification of a class of all US residents "denied full and equal consideration by Kinecta" due to their immigration status. The case was assigned to District Judge Wesley L. Hsu on May 6, 2024.
Plaintiff alleged that he was a DACA recipient who had applied for a $16,000 loan through Kinecta's website on October 5, 2023 to help purchase a new car. The next day, Kinecta approved his loan via email and asked for various documents including his Social Security card. After he provided these documents and received no response, he allegedly called Kinecta and was told that his application had been denied because he was not a permanent resident. Plaintiff's wife went to inquire at a Kinecta branch and was allegedly told that Plaintiff would need an Individual Taxpayer Identification Number until he got a "real" SSN. Plaintiff was never notified of credit denial.
On September 10, 2024, District Judge Hsu referred the parties to settlement discussions and tentatively scheduled trial for September 8, 2025. As of October 6, 2024, there have been no further developments and the case is ongoing.
Summary Authors
Herman Gonzalez (9/23/2024)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68500306/parties/rogelio-esqueda-v-kinecta-federal-credit-union/
Casas, Eduardo (California)
Herrera, Ernest Israel (California)
Saenz, Thomas Andrew (California)
Hobson, Alexandria Kimberly (California)
Richter, Stuart M (California)
See docket on RECAP: https://www.courtlistener.com/docket/68500306/rogelio-esqueda-v-kinecta-federal-credit-union/
Last updated Jan. 30, 2025, 4:08 a.m.
State / Territory: California
Case Type(s):
Fair Housing/Lending/Insurance
Key Dates
Filing Date: May 3, 2024
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
A DACA recipient on behalf of a putative class of people allegedly denied full and equal consideration by Kinecta Federal Credit Union on the basis of immigration status.
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Pending
Defendants
Kinecta Federal Credit Union (Manhattan Beach, Los Angeles), Private Entity/Person
Defendant Type(s):
Case Details
Causes of Action:
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
Discrimination Area:
Discrimination Basis:
Immigration/Border: