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Reverse Attorneys' Fees

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District Court (Cal.) Declines to Award Reverse Attorneys’ Fees Under FCRA/FDCPA against Repeat Filing Attorney, But Does So Under Federal Law

by Scott J. Hyman |

In Arutyunyan v. Cavalry Portfolio Services, 2013 WL 500452 (C.D.Cal. 2013), Judge Gutierrez found that Plaintiff’s counsel’s pleadings did not arise to the level of misconduct that would allow an award of reverse attorneys’ fees under FCRA and the FDCPA, but did under other federal law. Under FCRA, the Court explained: As a threshold matter, § 1681n(c) imposes attorneys' fees… Read More

District Court (Cal.) Dismisses Unopposed FCRA Case; Notes Plaintiff’s Counsel’s Well Documented History

by Scott J. Hyman |

In Balikian v. Ally Financial, Inc., 2012 WL 5518853 (C.D.Cal. 2012), Judge Wu catalogued the well document history of a FCRA plaintiff’s lawyer in the Central District for filing FCRA complaints. Plaintiff's counsel, Arshak Bartoumian, has a recent and well-documented history of failing to oppose pending motions, failing to appear at hearings, filing last-minute motions for leave to amend on… Read More