This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Consumer Law
Fair Debt Collection Practices Act
Fair Debt Buying Act

Latheia C. Black v. Mountain Lion Acquisitions Inc., and Does 1 to 10

Published: Nov. 19, 2016 | Result Date: Oct. 19, 2016 | Filing Date: Jan. 1, 1900 |

Case number: 8:16-cv-01319-JLS-DFM Bench Decision –  $10,428

Court

USDC Central


Attorneys

Plaintiff

Scott M. Grace
(Luftman Heck & Associates)


Defendant

D. Scott Carruthers
(D. Scott Carruthers APLC)


Facts

Latheia Black sued Mountain Lion Acquisitions Inc., involving alleged abuse of debt collection practices.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff obtained a loan from CashCall Inc. and became delinquent in her payments. Plaintiff's debt was allegedly assigned to defendant, which then began collection efforts. In so doing, defendant allegedly filed a complaint against plaintiff that contained false and misleading statements. The complaint falsely stated that defendant had complied with California Civil Code Section 1788.52. The false statements were allegedly deceiving and misleading, causing plaintiff damages. Plaintiff asserted causes of action for violations of the Fair Debt Collection Practices Act and the California Fair Debt Buying Practices Act.

DEFENDANT'S CONTENTIONS:
Defendant denied the allegations and asserted various affirmative defenses.

Settlement Discussions

Mountain Lion offered to settle for $2,001, exclusive of costs and fees.

Result

Black accepted Mountain Lion's offer of settlement. Accordingly, the court entered judgment against Mountain Lion for $10,427.71, comprising of $2,001 in damages and $8,427 in fees and costs.


#87137

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390