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Consumer Law
Consumer Protection
California Fair Debt Buying Practices Act

Donna Louise Horner, individually and on behalf of all others similarly situated v. Crown Asset Management LLC, and Does 1 through 10, inclusive

Published: Apr. 19, 2019 | Result Date: Mar. 8, 2019 | Filing Date: Aug. 29, 2017 |

Case number: 17-CV-315221 Settlement –  $6,230

Judge

Thomas E. Kuhnle

Court

Santa Clara County Superior Court


Attorneys

Plaintiff

Frederick W. Schwinn
(Consumer Law Center Inc.)

Raeon R. Roulston
(Consumer Law Center Inc.)

Matthew C. Salmonsen
(Consumer Law Center Inc.)


Defendant

Debbie P. Kirkpatrick
(Sessions, Fishman, Nathan & Israel LLP)

Damian P. Richard
(Sessions, Fishman, Nathan & Israel LLP)

James K. Schultz
(Sessions, Israel & Shartle LLP)

Harijot S. Khalsa
(Wells Fargo & Company)


Facts

Donna Horner filed a putative consumer class action pursuant to the California Fair Debt Buying Practices Act against Crown Asset Management LLC in relation to defendant's initial debt collection letters.

Contentions

PLAINTIFFS' CONTENTIONS: Plaintiffs claimed defendant's initial written communications, in the form of debt collection letters, did not contain the notice required by the CFDBPA.

DEFENDANT'S CONTENTIONS: Defendant denied the allegations.

Result

The court granted preliminary approval of the parties' settlement agreement, under which defendant will pay $6,230 to the class for distribution on a pro-rata basis. Defendant will also pay an incentive award of $1,000 to Horner, $1,000 pursuant to Civil Code Section 1788.62, and up to $31,000 in attorney fees and costs.

Other Information

A final approval hearing was set for July 26, 2019.


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