Alonso v. Blackstone Financial Group, LLC et al
Filing
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ORDER requiring parties to be prepared to address issue of emotional distress damages at July 24, 2013 hearing. Order signed by Magistrate Judge Stanley A Boone on 7/23/2013. (Hernandez, M)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ROSARIO ALONSO,
Plaintiff,
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v.
Case No. 1:11-cv-01693-SAB
ORDER REQUIRING PARTIES TO BE
PREPARED TO ADDRESS ISSUE OF
EMOTIONAL DISTRESS DAMAGES AT JULY
24, 2013 HEARING
BLACKSTONE FINANCIAL GROUP.
LLC, et al.,
Defendants.
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Plaintiff Rosario Alonso filed this action on October 10, 2011. (ECF No. 1.) The action
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is currently proceeding on the first amended complaint, filed February 26, 2013, against
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Defendants Blackstone Financial Group, LLC (“Blackstone”) and Jason Elsen alleging violations
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of the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692 et seq. and the Rosenthal
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Fair Debt Collection Act (“RFDCPA”), Cal. Civ. Code §§ 178801788.32. (ECF No. 31.)
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Defendants Blackstone and Elsen filed separate motions for summary judgment on May
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20, 2013. (ECF Nos. 43, 44.) Plaintiff filed oppositions to the motions on July 10, 2013. (ECF
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Nos. 49, 51, 52.) On July 18, 2013, Defendants Blackstone and Elsen filed objections and replies
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to Plaintiff’s oppositions to their separate motions for summary judgment. (ECF Nos. 54-59.)
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On July 19, 2013, the parties filed joint statements of undisputed facts. (ECF Nos. 60, 61.) A
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hearing on Defendants’ motions is set before the Honorable Stanley A. Boone on July 24, 2013,
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at 9:30 a.m. in Department 9.
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The parties dispute whether Plaintiff has actual damages in this action. In addition to
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statutory damages under the FDCPA and RFDCPA, a plaintiff may recover actual damages,
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including damages for emotional distress, sustained as a result of conduct in violation of the
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statutes. 15 U.S.C. § 1692k(a)(1); Cal. Civ. Code § 1788.17; see Guthrie v. JD Enterprise
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&Financial Servs., No. 11-cv-911-L(DHB), 2013 WL 2244337, at *3 (S.D. Cal. May 21, 2013).
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There is a split among district courts in this circuit on whether a plaintiff’s claim for emotional
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distress damages under the FDCPA should be evaluated using the state law governing the tort of
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intentional infliction of emotional distress or whether a lower standard should be used. Branco v.
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Credit Collection Serv. Inc., No. 2:10-cv-01242-FCD-EFB, 2011 WL 3684503, at *10 (E.D. Cal.
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Aug. 23, 2011).
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Some courts in this circuit have held that a plaintiff must prove a claim for intentional
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infliction of emotional distress (“IIED”) under state law in order to collect damages for emotional
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distress when alleging a claim under the FDCPA. See Costa v. National Action Financial Serv.,
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634 F.Supp.2d 1069, 1078 (E.D. Cal. 2007). Other courts have found that emotional distress
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damages under the FDCPA can be proven without first having to prove a cause of action under
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state law. See Riley v. Giguiere, 631 F.Supp.2d 1295 (E.D. Cal. 2009); see also Smith v. Law
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Offices of Mitchell N. Kay, 124 B.R. 182, 189 (D. Del. 1991) (“Given Congress' intent to
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establish uniform guidelines for enforcing permissible debt collection practices, it would be
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counter intuitive to read the FDCPA so that plaintiffs have different rights of recovery in each
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state.”).
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In their moving papers, neither party addressed the split that exists in the Ninth Circuit
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and whether Plaintiff should be required to state a claim for intentional infliction of emotional
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distress under California law to recover emotional distress damages in this action.
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Accordingly, IT IS HEREBY ORDERED that the parties shall be prepared to address the
standard to be applied to Plaintiff’s emotional distress damages at the July 24, 2013 hearing.
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IT IS SO ORDERED.
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Dated:
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July 23, 2013
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UNITED STATES MAGISTRATE JUDGE
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