Miranda v. Law Office of D. Scott Carruthers et al

Filing 33

ORDER Re: Plaintiff's 7 Motion to Strike and 22 Motion for Partial Summary Judgment signed by Judge Oliver W. Wanger on 6/3/2011. (Figueroa, O)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA

)
)
)
)
Plaintiff,
)
)
v.
)
)
LAW OFFICE OF D. SCOTT
CARRUTHERS, a general partnership, )
)
DENNIS SCOTT CARRUTHERS,
)
)
Defendants.
)
)
DAMIAN M. MIRANDA, an
individual,

Case No.: 10-cv-01487-OWW-SMS
ORDER RE: PLAINTIFF’S MOTION
TO STRIKE AND MOTION FOR
PARTIAL SUMMARY JUDGMENT

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
Pursuant to the motions of Plaintiff Damian M. Miranda (“Plaintiff”) for an
order striking defendants’ affirmative defenses (Doc. 7) and for partial summary
judgment which was heard on May 16, 2011 (Doc. 18) and good cause appearing
therefore;
IT IS SO ORDERED THAT
1.

Plaintiff’s motion to strike each of the affirmative defenses asserted in the

Answer (Doc. 6) filed by defendants, Law Office of D. Scott Carruthers (“Defendant
Law Firm”), and Dennis Scott Carruthers (together “Defendants”) is GRANTED;
2.

Plaintiff’s motion for partial summary judgment as to Defendants’

liability under the federal Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C.
§1692e(10) for the statement “NOTICE OF PENDING COURT PROCEEDINGS” as
false is GRANTED;

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3.

Plaintiff’s motion for partial summary judgment as to Defendants’

liability under the FDCPA, 15 U.S.C. §1692e(10) for the phrase “When the judgment
is obtained” is DENIED;
4.

Plaintiff’s motion for partial summary judgment as to Defendants’

liability under the FDCPA, 15 U.S.C. §1692f is DENIED;
5.

Plaintiff’s motion for partial summary judgment as to Defendants’

liability under the FDCPA, 15 U.S.C. §1692g is DENIED;
6.

Plaintiff’s motion for partial summary judgment as to Defendant Law

Firm’s liability under the California Rosenthal Fair Debt Collection Practices Act
(“CA FDCPA”), Cal. Civil Code §1788.13(j) is GRANTED; and
7.

Plaintiff’s motion for partial summary judgment as to Defendant Law

Firm’s liability under the CA FDCPA, Cal. Civil Code §1788.17 is GRANTED.

IT IS SO ORDERED.

Dated: June 3, 2011

/s/ OLIVER W. WANGER
United States District Judge

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