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