· 11/13/2006
Oei v. N. Star Capital Acquisitions, LLC
Citations
- 486 F. Supp. 2d 1089
- 2006 U.S. Dist. LEXIS 96059
- 2006 WL 4513838
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that California’s litigation privilege does not apply to federal causes of action like the FDCPA
- holding that California litigation privilege did not apply to Fair Debt Collection 10 Practices Act claim
- holding that statute proscribing abusive debt- collection practices not subject to litigation privilege
- rejecting aiding and abetting liability under the FDCPA because it “expressly imposes liability only for the violations of a ‘debt collector’”
- applying the principle of statutory construction that the later, more specific Rosenthal Act prevails over the earlier, more general Section 47 privilege
- finding RFDCPA prevailed over litigation privilege because application in that case would have “effectively immunized conduct that the Act prohibits” such as “repeated, continuous and harassing telephone calls”
Source: CourtListener parenthetical corpus (CC0).
Judges: Morrow
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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