§Why CasetextPricing

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5 Cited authorities

  1. 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 470 times
    Assuming that that section applies to corporations

  2. Section 337a - Book account and consumer debt defined

    Cal. Code Civ. Proc. § 337a   Cited 76 times

    (a) The term "book account" means a detailed statement which constitutes the principal record of one or more transactions between a debtor and a creditor arising out of a contract or some fiduciary relation, and shows the debits and credits in connection therewith, and against whom and in favor of whom entries are made, is entered in the regular course of business as conducted by such creditor or fiduciary, and is kept in a reasonably permanent form and manner and is (1) in a bound book, or (2) on

  3. Section 396a - Affidavit filed in unlawful detainer proceeding showing proceeding commenced in proper court and location

    Cal. Code Civ. Proc. § 396a   Cited 19 times

    In a case that is subject to Sections 1812.10 and 2984.4 of the Civil Code, or subdivision (b) of Section 395 of the Code of Civil Procedure, or in an action or proceeding for an unlawful detainer as defined in Section 1161 of the Code of Civil Procedure: (a) The plaintiff shall state facts in the complaint, verified by the plaintiff's oath, or the oath of the plaintiff's attorney, or in an affidavit of the plaintiff or of the plaintiff's attorney filed with the complaint, showing that the action

  4. Section 1788.50 - Definitions

    Cal. Civ. Code § 1788.50   Cited 12 times   3 Legal Analyses

    (a) As used in this title: (1) "Debt buyer" means a person or entity that is regularly engaged in the business of purchasing charged-off consumer debt for collection purposes, whether it collects the debt itself, hires a third party for collection, or hires an attorney-at-law for collection litigation. "Debt buyer" does not mean a person or entity that acquires a charged-off consumer debt incidental to the purchase of a portfolio predominantly consisting of consumer debt that has not been charged

  5. Section 1788.52 - Information or documents required for debt buyer to attempt to collect debt

    Cal. Civ. Code § 1788.52   Cited 8 times   1 Legal Analyses

    (a) A debt buyer shall not make any written statement to a debtor in an attempt to collect a consumer debt unless the debt buyer possesses the following information: (1) That the debt buyer is the sole owner of the debt at issue or has authority to assert the rights of all owners of the debt. (2) The debt balance at charge off and an explanation of the amount, nature, and reason for all post-charge-off interest and fees, if any, imposed by the charge-off creditor or any subsequent purchasers of the