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Navarro v. Eskanos & Adler, ND Cal. 2/20/07
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Author:  admin [ Thu May 15, 2008 1:12 am ]
Post subject:  Navarro v. Eskanos & Adler, ND Cal. 2/20/07

Navarro v. Eskanos & Adler
Slip Copy, 2007 WL 549904
N.D.Cal.,2007.
February 20, 2007

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTIONS FOR SUMMARY JUDGMENT AND DENYING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT


WILLIAM ALSUP, United States District Judge.


INTRODUCTION


*1 In this action under the Fair Debt Collection Practices Act, both plaintiff and defendants move for summary judgment on all claims. Plaintiff filed a separate motion for partial summary judgment as to defendants' use of the bona fide error defense. Triable issues of material fact remain as to whether defendants violated the FDCPA, and whether violations are excused by the bona fide error defense. Accordingly, plaintiff's motion for summary judgment is Granted in Part and Denied in Part, and her motion for summary judgment as to defendants' bona fide error defense is Denied. Defendants' motion for summary judgment is Denied.



STATEMENT


Plaintiff Evangelina Galvan Navarro filed this action against defendants Eskanos & Adler, a Professional Corporation, Kurtiss Jacobs, and Donald Stebbins for violations of the federal Fair Debt Collection Practices Act and the California Rosenthal Fair Debt Collection Practices Act. This action concerns two collection letters sent by defendants to plaintiff. Navarro has claimed no actual damages, so the maximum damages award in this action is $2,000. Plaintiff and defendants agree on many of the facts.


Navarro's Dealings With Eskanos & Adler.

Some time before June 2005, plaintiff incurred a debt on her Discover credit card for personal, family, and household expenses (Schwinn Opp. Decl. Exh. J, 52:15-20). The debt was assigned to defendant Eskanos & Adler for collection on June 6, 2005 (Steinheimer Decl. Exh. A). Eskanos & Adler mailed a letter to plaintiff on or about June 8, 2005 in an attempt to collect ( id. at Exh. E). The letter was printed on letterhead identifying Eskanos & Adler as a law firm. It was signed by defendant Donald Stebbins on behalf of Eskanos & Adler as an “Attorney for the Firmâ€

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