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Bos v. United States Small Business Administration

United States District Court, E.D. California

August 31, 2017

TAMARA L. BOS, Plaintiff,
v.
UNITED STATES SMALL BUSINESS ADMINISTRATION, et al., Defendants.

          FINDINGS AND RECOMMENDATIONS

          CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE

         Plaintiff, who is proceeding pro se, brings this civil action. Pending before the court is defendants' motion to dismiss (Doc. 16). A hearing was held before the undersigned in Redding, California, on March 8, 2017. Plaintiff appeared pro se. Bobbie Montoya, Esq., appeared on behalf of defendants. After hearing argument, the matter was held open to allow plaintiff to submit additional evidence. Plaintiff submitted her additional evidence on May 25, 2017, and defendant submitted a response on June 26, 2017. Thereafter, the matter stood submitted.

         I. PLAINTIFF'S ALLEGATIONS

         The case proceeds on the first amended complaint (Doc. 6). Plaintiff names the following as defendants: (1) United States Small Business Administration[1] (“SBA”); (2) Christie Lovell; (3) Carla Donaldson; (4) Sonja Hubbard; and (5) “Tammy G.”[2] Plaintiff claims that defendants violated the Privacy Act of 1974 with respect to their handling of a SBA loan. Based on documents attached to the complaint, plaintiff is challenging defendants' response to her inquiries concerning an offset to her monthly social security benefit check to pay the loan, which had become delinquent.

         Plaintiff's allegations as to each individual defendant are as follows:

Christie Lovell - Plaintiff states that she had a telephone conversation with defendant Lovell in 2010 regarding “Plaintiff's very old micro-loan.” According to plaintiff, she asked Lovell if she could “get help” repaying the loan due to limited income. Plaintiff adds that, though Lovell promised to send “paperwork to fill out, ” none was ever received. Plaintiff also states: “Christi Lovell, defendant, did not inform Plaintiff S.B.A. couldn't attach Plaintiff's S.S. D.I., thus violating Plaintiff's civil rights. . . .” Next, plaintiff claims that she “begged” Lovell for a “hardship, ” but was informed that no such relief was available. Plaintiff then informed Lovell that she had been granted an “Administrative Resolution Approval” in February 2014 which should have resolved the matter. According to plaintiff, defendant Lovell told her on March 4, 2014, that the “Administration Resolution Approval” referred to resolution of the U.S. Treasury's interest collecting on the loan.[3] Finally, plaintiff states that Lovell requested documentation of her monthly income and expenses.
Carla Donaldson - Plaintiff claims that she received a phone call on March 17, 2014, from defendant Donaldson, who is a supervisor at SBA. According to plaintiff, Donaldson wanted to know if plaintiff had ever filed for bankruptcy. Plaintiff states that Donaldson “ordered” her to re-send documentation of her monthly income and expenses and that she “would decide on Plaintiff's loan payback.” Plaintiff also states that Donaldson decided that SBA would reduce the offset from around $200 per month to $50 per month. Plaintiff adds that, when asked about the “Administrative Resolution Approval, ” Donaldson replied: “I don't know anything about that.” Plaintiff states that, on March 19, 2014, she asked Donaldson for a refund for months where more than $50 was deducted from her social security check for the offset. According to plaintiff, Donaldson said “no.”
Sonja Hubbard - Plaintiff states that she contacted defendant Hubbard - who is Donaldson's supervisor at SAB - on April 21, 2014, to discuss her financial hardship. According to plaintiff, that conversation included the following exchange:
HUBBARD: My father is a veteran and he pays his bills.
PLAINTIFF: How dare you raise our flag in my face. My brother was a West Point graduate, military adviser in Viet Nam, dead at 58 years old from Melanoma. My Uncle fought in two wars, and he has since passed also.
Plaintiff claims that Hubbard is liable for “using our USA's flag in threatening manner.”
Tammy G.” - Plaintiff states that she received a phone call sometime in April 2014 from “Tammy” with the Treasury Department telling plaintiff not to call “Robert H.” requesting accommodation for financial hardship. According to plaintiff, “Tammy” stated: “You do not have a hardship because you aren't able to pay.” Plaintiff claims that defendant “Tammy G.” did not have permission to view her file.

         Aside from these specific references to named defendants, plaintiff refers generally to “all defendants” and “defendants.”

         II. STANDARD FOR ...


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