§Why CasetextPricing

Declaration

undefined

55 Cited authorities

  1. Prof'l Collection Consultants v. Lauron

    8 Cal.App.5th 958 (Cal. Ct. App. 2017)   Cited 121 times   1 Legal Analyses
    Underlying theory of relief indicated gravamen of complaint was breach of contract despite claims labeled as "account stated" and "open book account"

  2. Holmes v. Electronic Document Processing, Inc.

    966 F. Supp. 2d 925 (E.D. Cal. 2013)   Cited 55 times
    Holding that the allegations were not scandalous because they did not rise to the level of casing the defendant in a "cruelly derogatory light"

  3. Meza v. Portfolio Recovery Assocs., LLC

    6 Cal.5th 844 (Cal. 2019)   Cited 32 times

    S242799 02-15-2019 Julia C. MEZA, Plaintiff and Appellant, v. PORTFOLIO RECOVERY ASSOCIATES, LLC, et al., Defendants and Respondents. Consumer Law Center, Inc., Fred W. Schwinn, Raeon R. Roulston, Matthew C. Salmonsen ; Horwitz, Horwitz & Associates and O. Randolph Bragg for Plaintiff and Appellant. Sharon Djemal, Robin Wetherill, Leigh E. Ferrin, Kari E. Gibson, Arthur D. Levy and Noah Zinner for East Bay Community Law Center, Public Law Center and Housing and Economic Rights Advocates as Amici

  4. Jacobson v. Persolve, LLC

    Case No. 14-CV-00735-LHK (N.D. Cal. Dec. 14, 2016)   Cited 28 times
    Rejecting Laffey matrix

  5. Dion v. Fulton Friedman & Gullace LLP

    Case No. 11-2727 SC (N.D. Cal. Jan. 17, 2012)   Cited 34 times
    Explaining that a majority of district courts have extended Twombly and Iqbal to affirmative defense pleading

  6. Jacobson v. Persolve, LLC

    Case No.: 14-CV-00735-LHK (N.D. Cal. Aug. 19, 2014)   Cited 20 times   1 Legal Analyses
    Denying motion to strike offset defense

  7. Prof'l Collection Consultants v. Lujan

    23 Cal.App.5th 685 (Cal. Ct. App. 2018)   Cited 14 times

    A147922 A148925 05-22-2018 PROFESSIONAL COLLECTION CONSULTANTS, Plaintiff and Appellant, v. Robert M. LUJAN, Defendant and Respondent. Law Offices of Clark Garen, Clark Garen, Rachel Zwernemann, Brian C. Nelson, Los Angeles, for Appellant Law Office of Nathaniel Bigger, Nathaniel Bigger, San Francisco, Consumer Law Center, Inc., Fred W. Schwinn, San Jose, Raeon R. Roulston, Matthew C. Salmonsen, San Jose, for Respondent Tucher, J. Certified for Partial Publication. Pursuant to California Rules of

  8. Timlick v. Nat'l Enter. Sys., Inc.

    35 Cal.App.5th 674 (Cal. Ct. App. 2019)   Cited 10 times
    In Timlick, our colleagues in Division Three faced a similar issue when they considered whether the Legislature's enactment of section 1788.17, with its incorporation of certain FDCPA remedies provisions, repealed the "cure" provision contained in subdivision (d) of section 1788.30, also a part of the Rosenthal Act.

  9. Rivera v. Portfolio Recovery Assocs., LLC

    No. C 13-2322 MEJ (N.D. Cal. Sep. 23, 2013)   Cited 13 times
    Finding Mr. Schwinn's hourly rate of $450 reasonable

  10. Davis v. Midland Funding, LLC

    41 F. Supp. 3d 919 (E.D. Cal. 2014)   Cited 11 times

    No. CIV. S–13–2316 LKK/CKD. 2014-08-06 Larry Dean DAVIS, Plaintiff, v. MIDLAND FUNDING, LLC, a Delaware limited liability company; Midland Credit Management, Inc., a Kansas corporation; The Brachfeld Law Group, A Professional Corporation, a California corporation; and Erica Lynn Brachfeld, individually and in her official capacity, Defendants. Raeon Rodrigo Roulston, Fred W. Schwinn, San Jose, CA, for Plaintiff. Tomio B. Narita, Robert Travis Campbell, Severson & Werson, Sarah Helene Scheinhorn,

  11. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 71,368 times   127 Legal Analyses
    Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

  12. Section 395 - Action for injury to person or personal property or death from wrongful act or negligence; offer or provision of goods, services, loans or extension of credit for family or household use

    Cal. Code Civ. Proc. § 395   Cited 471 times
    Assuming that that section applies to corporations

  13. Section 3345 - Unfair or deceptive acts or practice or unfair methods of competition directed at senior citizens or disabled persons

    Cal. Civ. Code § 3345   Cited 27 times

    (a) This section shall apply only in actions brought by, on behalf of, or for the benefit of those individuals specified in paragraphs (1) to (3), inclusive, to redress unfair or deceptive acts or practices or unfair methods of competition. (1) Senior citizens, as defined in subdivision (f) of Section 1761. (2) Disabled persons, as defined in subdivision (g) of Section 1761. (3) Veterans, as defined in Section 18540.4 of the Government Code. (b) Whenever a trier of fact is authorized by a statute

  14. Section 22340 - Sale of promissory notes evidencing obligation to repay loans

    Cal. Fin. Code § 22340   Cited 15 times   1 Legal Analyses

    (a) A licensee may sell promissory notes evidencing the obligation to repay loans made by the licensee pursuant to this division or evidencing the obligation to repay loans purchased from and made by another licensee pursuant to this division to institutional investors, and may make agreements with institutional investors for the collection of payments or the performance of services with respect to those notes. (b) For the purpose of this section, "institutional investor" means the following: (1)