Trial court erred in dismissing entire putative class action because defendant voluntarily gave special treatment to named plaintiff only, resulting in the elimination of her standing to maintain putative class action.
Court
California Courts of Appeal 1DCA/3Cite as
2019 DJDAR 5715Published
Jun. 25, 2019Filing Date
Jun. 21, 2019Opinion Type
ModificationDisposition Type
ReversedLISA ARLENE TIMLICK,
Plaintiff and Appellant,
v.
NATIONAL ENTERPRISE SYSTEMS, INC.,
Defendant and Respondent.
No. A154235
(Lake County
Super. Ct. No. CV-416920)
California Courts of Appeal
First Appellate District
Division Three
Filed June 21, 2019
ORDER MODIFYING OPINION [NO CHANGE IN JUDGMENT]
BY THE COURT:
It is hereby ordered that the opinion ordered published on May 23, 2019, be modified as follows:
On page 3, in the third full paragraph, line 8, replace the words "that statute" with "the Consumer Collection Notice law" so that the sentence reads: "In any case, Timlick contends, NES's type-size violation is not one that is capable of being cured within the meaning of section 1788.30(d) because the Consumer Collection Notice law necessarily requires compliance in the debt collector's first written communication to the consumer debtor."
There is no change in the judgment.
SIGGINS, PJ
P.J.
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