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CEB Prac. Guide § 2A.62 -- Defenses -- Litigation Privilege

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In People v. Persolve, (2013) 2013 DAR 10915, the Court of Appeal held that the litigation privilege is not a defense to a UCL action brought to enjoin business practices made unlawful by a statute more specific than Civil Code 47(b).  So, in this case, the People stated a good UCL claim against a debt collector for alleged unlawful business practices… Read More

In Boon v. Professional Collection Consultants, --- F.Supp.2d ----, 2013 WL 3973084 (S.D.Cal. 2013), Judge Huff found that California’s litigation privilege barred an RFDCPA claim based on filing a collection lawsuit that, purportedly, was barred by the statute of limitations. Moreover, the Court concludes that California's litigation privilege bars Plaintiff's RFDCPA claims. The California litigation privilege applies to any publication… Read More

Judge Karlton's precedent-setting and liability imposing decisions under the FDCPA are numerous.  (See., e.g, Newman v. Checkrite California, Inc., 912 F.Supp. 1354, E.D.Cal. 1995)(debt collector vicariously liable for debt collection activities of attorney; no FDCPA defense that collector was following the orders of the superiors; litigation privilege does not apply to FDCPA); Newman v. Checkrite California, Inc., 1994 WL 896637… Read More

In Truong v. Mountain Peaks Financial Services, Inc., 2013 WL 485763 (S.D.Cal. 2013), the District Court rejected application of the Rooker-Feldman doctrine and Noerr-Pennington doctrine to bar an FDCPA claim. Rooker–Feldman “is a narrow doctrine, confined to ‘cases brought by state-court losers complaining of injuries caused by state-court judgments rendered before the district court proceedings commenced and inviting district court… Read More

In Santos v. LVNV Funding, LLC, 2012 WL 216398 (N.D.Cal. 2012), Judge Davila found that an FDCPA claim arising out of a debt collector’s failure to honor a settlement agreement in an underlying debt collection action was not protected by the Rooker-Feldman doctrine or the litigation privilege.  The facts were as follows.  Santos became delinquent on a consumer credit card… Read More

In Bautista v. Hunt & Henriques, 2012 WL 160252 (N.D.Cal. 2012), Judge Spero found a telephonic harassment claim too remote from litigation to trigger protection under California’s anti-SLAPP statute, explaining:   In Briggs, supra, the California court of appeal explained that “just as communications preparatory to or in anticipation of the bringing of an action or other official proceeding are… Read More

In Carr v. Asset Acceptance, LLC, 2011 WL 3568338 (E.D.Cal. 2011), Judge O'Neill protected a debt collector from a UCL/Malicious Prosecution lawsuit deriving from rather uncomplicated facts.  AA was a debt buyer who retained a law firm, FFG, to collect on a charged off account.  FFG sued.  When the debtor propounded discovery asking for the factual basis of the debt, FFG… Read More

In Allen v. LaSalle Bank, -- F.3d – (3d Cir. 2011), here, the Court of Appeals for the Third Circuit disagreed with the Ninth Circuit’s decision in Guerrero v. RJM Acquisitions LLC, 499 F.3d 926, 934-39 (9th Cir. 2007) and found inter-counsel communications are subject to the FDCPA, explaining:    As noted above, the issue here is whether § 1692f(1)… Read More

In Hartman v. Great Seneca Financial Corp., -- F.3d -- 2009 WL 1852930 (6th Cir. 2009), the Court of Appeals for the Sixth Circuit refused to apply the Noerr-Pennington doctrine defense to the FDCPA, explaining: Great Seneca and Javitch argue that they are immune from suit based on statements made during judicial proceedings and that permitting such suits as brought… Read More

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