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Court of Appeal (Cal.) Addresses Evidence Required to Prove Credit Card Debt; Rejects Rosenthal Act Claim; Says Contractual Attorneys’ Fee Clause Does Not Permit Recovery of Fees to Oppose Rosenthal Act

by Scott J. Hyman |

In Cavalry SPV I, LLC v. Watkins, No. D072299, 2019 Cal. App. LEXIS 603, at *12-15 (Ct. App. July 1, 2019), the California Court of Appeal addressed the evidence necessary to prove up a credit card debt in a debt collection action. Assuming without  deciding that California law applies, a party may accept a contract by conduct, as well as… Read More

District Court (Cal.) Says Debt Collection Law Firm Did Not Sue on Stale Debt, Requires FDCPA Plaintiff to Show that Allegedly Erroneous Proof of Service in State Court Debt Collection Suit Was Filed in “Bad Faith”

by Scott J. Hyman |

In Rodrigo v. Barclays Bank Delaware, 2017 WL 1155373, at *4–5 (S.D.Cal., 2017), Judge Houston dismissed an FDCPA case grounded in allegedly suing on a stale debt and filing a false proof of service in the underlying action. Construing all inferences in the light most favorable to Plaintiff, the Court finds that the state law collection action brought against Rodrigo… Read More

District Court (Cal.) Finds No Misrepresentation under FDCPA for Suing in State Court for Causes of Action for Common Counts and for Account Stated

by Scott J. Hyman |

In O'Bryne v. Portfolio Recovery Associates LLC, 2013 WL 1223590 (S.D.Cal. 2013), Judge Gonzales found that a debt collector’s lawsuit alleging claims for account stated and for common counts did not misstate the debt in violation of the Rosenthal Act and FDCPA.   Plaintiff moved for summary judgment as to its first cause of action for violation of the FDCPA on… Read More