California Court of Appeal

Summary adjudication and award of attorney's fees to defendant borrower on her Fair Debt Collection Practices Act (FDCPA) cross-claims against plaintiff, who had sued defendant for fraud in connection with her original loan application, is affirmed, where: 1) the trial court did not err when it found that plaintiff failed to state causes of action for fraud based on assignment of claims from the original lender; 2) the trial court did not abuse its discretion in sustaining the third demurrer without leave to amend; 3) the evidence supported a finding that the debt collection letter and notices plaintiff sent to defendant violated the FDCPA; 4) the fraud action, even though it is a tort claim, arose from the consensual loan transaction, and thus it is a debt under the FDCPA; and 5) nothing in the record indicates that the trial judge abused her discretion in calculating the award of attorney fees.

Appellate Information

• Decided 04/25/2013
• Published 04/25/2013

Judges

• LAMBDEN

Court

• California Court of Appeal

Counsel