Kenjalo v. Fifth Third Bank, N.A.

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
DAVID EDWARD KENJALO, 	§
§
§
§
Plaintiff,
v.
FIFTH THIRD BANK, N.A.,
Defendant.
§ 	Civil Action No. H-25-4510
§
§
§
§
.ORDER
Pending 	before 	the 	Court 	is 	Defendant 	Fifth 	Third 	National 	Bank
Association's Motion to Dismiss (Document No. 6). Having considered the motion,
submissions, and applicable law, the Court determines that the pending motion
should be granted.
I. BACKGROUND
This is a case stemming from the repossession of a motor vehicle. On
September 27, 2024, prose Plaintiff David Edward Kenjalo ("Kenjalo") financed a
2020 Dodge Ram 2500 Truck ("the Vehicle") through Defendant Fifth Third Bank,
N.A. ("Fifth Third Bank"). 1 Kenjalo alleges that Fifth Third Bank wrongfully
1 In his complaint, Kenjalo describes himself as "a living man, in propria persona,
Executor and Secured Party Creditor for the Estate styled as 'David Edward Kenjalo."'
Fifth Third Bank contends that Kenjalo's self-identification and legal arguments in this
matter are consistent with litigants who subscribe to "sovereign citizen" legal theories.
_)
United States District Court
Southern District of Texas
ENTERED
November 14, 2025
Nathan Ochsner, Clerk
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repossessed the Vehicle. Kenjalo further alleges that Fifth Third Bank "failed to
provide any lawful validation, wet-ink signed contract, or evidence of funds lent by
the 	bank," 	and 	further 	"retained 	possession 	of 	trust-held 	collateral 	despite
confirming that the account was no longer active, and refused all remedy." 2 In
response, Fifth Third Bank contends that Kenjalo failed to make the required
payments for the Vehicle, which led to repossession of the Vehicle on September
10, 2025.
Based on the foregoing, on September 22, 2025, Kenjalo filed suit against
Fifth Third Bank in this Court pursuant to federal question jurisdiction alleging eight
claims for: (1) violations of the Fair Debt Collection Practices Act; (2) violations of
the Truth in Lending Act; (3) violations of the Declaratory Judgment Act; ( 4)
violations of the Article 9 of the Uniform Commercial Code; ( 5) conversion of trust
property and commercial dishonor; (6) declaratory quiet title; (7) constructive fraud
and collateral conversion; and (8) unjust enrichment. 3 The Court construes all prose
filings liberally. See Erickson v. Pardus, 551 U.S. 89, 94 (2007). On October 24,
2025, Fifth Third Bank moved to dismiss Kenjalo's complaint pursuant to Federal
Rules of Civil Procedure 12(b)(6).
2 See Plaintiff's Complaint for Declaratory and Injunctive Relief, Damages, and
Equitable Remedy, Document No. 1 at 3.
3 See Plaintiff's Complaint for Declaratory and Injunctive Relief, Damages, and
Equitable Remedy, Document No. I at 4-5.
2
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II. 	STANDARD OF REVIEW
Rule 12(b)(6) allows dismissal if a plaintiff fails "to state a claim upon which
relief can be granted." Fed. R. Civ. P. 12(b)(6). Under Rule 8(a)(2), a pleading must
contain "a short and plain statement of the claim shpwing that the pleader is entitled
to relief." Fed. R. Civ. P. 8(a)(2). Although "the pleading standard Rule 8 announces
does not require 'detailed factual allegations,' ... it demands more than ... 'labels
and conclusions."' Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl.
Corp. 	v. 	Twombly, 	550 U.S. 544, 555 (2007)). "[A] formulaic recitation of the
elements of a cause of action will not do." Id. (quoting Twombly, 550 U.S. at 555).
In deciding a Rule 12(b)(6}motion to dismiss for failure to state a claim, "[t]he
'court accepts all well-pleaded facts as true, viewing them in the light most favorable
to the plaintiff."' In re Katrina Canal Breeches Litig., 495 F.3d 191, 205 (5th Cir.
2007) (quoting Martin K Eby Cons tr. Co. v. Dall. Area Rapid Transit, 3 69 F .3d 464,
467 (5th Cir. 2004)). To survive the motion, a plaintiff must plead "enough facts to •
state a claim to relief that is plausible on its face." 	Twombly, 550 U.S. at 570.
"Conversely, 'when the allegations in a complaint, however true, could not raise a
claim of entitlement to relief, this basic deficiency should ... be exposed at the point
of minimum expenditure of time and money by the parties and the court."' Cuvillier
v. Taylor, 503 F.3d 397, 401 (5th Cir. 2007) (quoting Twombly, 550 U.S. at 558).
3
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Ill. LAW & ANALYSIS
Fifth Third Bank moves to dismiss Kenjalo's complaint pursuant to Federal
Rule of Civil Procedure 12(b)(6), contending that Kenj alo fails to state a claim upon
which relief can be granted. The Court construes all pro se filings liberally. See
Erickson v. Pardus, 551 U.S. 89, 94 (2007). In response, Kenjalo describes Fifth
Third Bank as "dishonorable" and objects to Fifth Third Bank's characterization of
Kenjalo as a sovereign citizen. 4
Fifth Third Bank primarily contends that Kenjalo's claims each stem from a.
common legal theory held by professed sovereign citizens. This theory proposes that
the United States Treasury maintains banking accounts for each citizen from birth
by filing a UCC financing statement under a citizen's legal name, allowing sovereign
citizens to redeem secret funds to satisfy or discharge certain debts, such as the one
underlying this dispute. Fifth Third Bank notes for the Court a plethora of instances
where nearly identical legal theories have been considered and universally rejected
by federal district courts across the country. E.g. Bautista v. Cap. One Fin. Corp.,
2025 U.S. Dist. LEXIS 161834, *7 (N.D. Tex. July 25, 2025); McClain v. 1-10 MAC
Haik CDJR LTD, 2023 U.S. Dist. LEXIS .10764, *3-4 (S.D. Tex. Jan. 23, 2023);
Brown v. Exeter Fin. LLC, 2021 U.S. Dist. LEXIS 183369, *11 (N.D. Tex. Aug. 27,
4 See Plaintiff's Opposition to Motion to Dismiss, Document No. 8 at 1-4.
4
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2021); Saltkill v. Navy Fed. Credit Union, 2025 U.S. Dist. LEXIS 112969, *4-5
(W.D. Tex. June 13, 2025).
In his complaint, Kenjalo questions the validity of his contractual obligations
with Fifth Third Bank and asks the Court to allow his "perfected UCC Financing
Statement" to dissolve the debt for the Vehicle. 5 In response, Fifth Third Bank
specifically contends that each of Kenjalo's claims fail to state any actionable basis
for relief, amounting to frivolous claims routinely dismissed by federal district courts
across the country. A thorough review ofKenjalo's complaint in this matter reveals
that each of Kenjalo's claims against Fifth Third Bank are predicated upon the
existence of a "perfected UCC Financing Statement" filed with the Iowa Secretary
of State, which Kenjalo asserts entitles him to an immediate return of the Vehicle
and damages not less than $25,000 for "dishonor." 6
Even construing Kenjalo's complaint liberally, the Court finds no independent
claim asserted against Fifth Third Bank regarding the actual contractual relationship
between the parties in this case, or excusing Kenjako's failure to make timely
payments for the Vehicle. Thus, having considered the pending motion, submissions,
and plethora of case law soundly rejecting the legal theories Kenjalo offers in his
5 See Plaintiff's Complaint for Declaratory and Injunctive Relief, Damages, and
Equitable Remedy, Document No. 1 at 3.
6 See Plaintiff's Complaint for Declaratory and Injunctive Relief, Damages, and
Equitable Remedy, Document No. 1 at 3-6.
5
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··-·complaint, the Court determines that Fifth Third Bank's-pending motion to dismiss·
should be granted.
IV. CONCLUSION
Based on the foregoing, the Court hereby
ORDERS that Defendant Fifth Third National Bank Association's Motion to
Dismiss (Document No. 6) is GRANTED. The Court further
ORDERS that Plaintiff David Edward Kenjalo's claims against Defendant
Fifth Third Bank, N.A. are DISMISSED.
THIS IS A FINAL JUDGMENT.
SIGNED at Houston, Texas, on this --11_ day of November, 2025.
6
DAVID HITTNER
United States District Judge
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