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United States Ninth Circuit


Carvalho v. Equifax Info. Servs., LLC, 09-15030

In an action against credit reporting agencies alleging violations of the California Consumer Credit Reporting Agencies Act (CCRAA), summary judgment for defendants is affirmed where: 1) because the face of plaintiff's superior court complaint lacked any indication of the amount in controversy, it did not trigger the first thirty-day removal period; 2) because section 1785.25(a) was the only substantive CCRAA furnisher provision specifically saved by the Fair Credit Reporting Act, plaintiff's section 1785.25(f) claim was preempted; and 3) unless plaintiff raised a genuine issue as to whether the disputed item was inaccurate, her CCRAA section 1785.16 claims failed as a matter of law.

Appellate Information

  • Decided 08/18/2010
  • Published 08/18/2010

Judges

  • Diarmuid F. O'Scannlain

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Scott D. Kalkin, Stephen J. Newman

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