64 Cited authorities

  1. Prof'l Collection Consultants v. Lauron

    8 Cal.App.5th 958 (Cal. Ct. App. 2017)   Cited 120 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. Riggs v. Prober & Raphael

    681 F.3d 1097 (9th Cir. 2012)   Cited 123 times   2 Legal Analyses
    Finding that whether a communication "violates the Rosenthal Act turns on whether it violates the FDCPA"
  3. Cruz v. Int'l Collection Corp.

    673 F.3d 991 (9th Cir. 2012)   Cited 99 times   2 Legal Analyses
    Holding that appellants waived an argument by failing to raise it in their opening brief
  4. Perez v. Gordon & Wong Law Grp., P.C.

    Case No.: 11-CV-03323-LHK (N.D. Cal. Mar. 26, 2012)   Cited 92 times   1 Legal Analyses
    Finding that the heightened standard applies to affirmative defenses
  5. Freeman v. ABC Legal Services, Inc.

    827 F. Supp. 2d 1065 (N.D. Cal. 2011)   Cited 73 times
    Holding that factual allegations of "sewer service" adequately pled violations of §§ 1692d, 1692e, and 1692f against process server
  6. Freeman v. ABC Legal Services, Inc.

    877 F. Supp. 2d 919 (N.D. Cal. 2012)   Cited 52 times
    Concluding that Plaintiffs lacked standing to seek injunctive relief because "Plaintiffs' current allegations establish only that [the defendant] will (allegedly) harm many people, but not necessarily that it will harm Plaintiffs again"
  7. Meza v. Portfolio Recovery Assocs., LLC

    6 Cal.5th 844 (Cal. 2019)   Cited 30 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

  8. 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
  9. Jacobson v. Persolve, LLC

    Case No. 14-CV-00735-LHK (N.D. Cal. Dec. 14, 2016)   Cited 27 times
    Rejecting Laffey matrix
  10. 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
  11. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 69,731 times   123 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 1692k - Civil liability

    15 U.S.C. § 1692k   Cited 6,132 times   65 Legal Analyses
    Holding debt collectors civilly liable for illicit debt collection practices
  13. Section 1692g - Validation of debts

    15 U.S.C. § 1692g   Cited 3,451 times   68 Legal Analyses
    Setting forth requirements for disputing a debt
  14. Section 98 - Prepared testimony offered by affidavit or declaration under penalty of perjury

    Cal. Code Civ. Proc. § 98   Cited 42 times   1 Legal Analyses
    Allowing prepared testimony of relevant witnesses in limited actions in the form of affidavits or declarations under penalty of perjury
  15. Section 1010.6 - Electronic service of document

    Cal. Code Civ. Proc. § 1010.6   Cited 37 times

    (a)A document may be served electronically in an action filed with the court as provided in this section, in accordance with rules adopted pursuant to subdivision (h). (1)For purposes of this section: (A)"Electronic service" means service of a document, on a person, by either electronic transmission or electronic notification. Electronic service may be performed directly by a person, including a party, by a person's agent, including the person's attorney, or through an electronic filing service provider

  16. 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 26 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 to impose