In Alan v. JP Morgan Chase Bank, NA, No. 2:20-cv-04544 AB (AFMx), 2020 U.S. Dist. LEXIS 230614 (C.D. Cal. Dec. 7, 2020), Judge Birotte denied a motion for reconsideration of his ruling in favor of a creditor under the Rosenthal Act. Further, as the Court previously noted, standing under the Rosenthal Act occurs when a Plaintiff "owes the debt or… Read More
In Inzerillo v. Green Tree Servicing, LLC, 2014 WL 6660534 (N.D.Cal. 2014), Judge James found that a debtor’s parents (i.e. third parties) who were repeatedly called in connection with the daughter’s debts were afforded no relief (i.e. lacked standing) under the Rosenthal Act. In their Second Cause of Action, Plaintiffs allege that the “acts and omissions of Defendants constitute numerous… Read More
In Gutierrez v. State Farm Mut. Ins. Co., 2012 WL 398828 (N.D.Cal. 2012), Judge Davila addressed the rights of a non-contracting spouse to sue under an automobile RISC and under the Rosenthal Act. Plaintiffs are husband and wife. Husband purchased a limited edition 2007 Pontiac Solstice (the “vehicle”), financed by defendant finance company. Husband contracted with Defendant State… Read More
