Dickman v. Kimball, Tirey & St. John LLP
United States District Court for the Southern District of California
982 F. Supp. 2d 1157 (2013)
Annette Dickman (plaintiff) entered into a lease agreement with Ed Forrester for a specific residential property. Forrester filed for bankruptcy without Dickman’s knowledge soon afterward. The residential property was auctioned at a foreclosure sale and purchased by U.S. Financial, LP (Financial). Dickman remained unaware of the transfer of ownership and continued to make monthly rent payments to Forrester. Financial then notified Dickman that it was the new owner of the property. A few days later, Kimball, Tirey & St. John, LLP (Kimball) (defendant), acting as Financial’s legal counsel, sent a letter to Dickman stating that her rent was past due and that she was required to make payment. Kimball warned that if Dickman did not pay within three days, legal proceedings would commence. Kimball also advised Dickman that if Financial received a judgment against her, she could be evicted from her home and be subject to garnishment or levy of her wages and bank account. Kimball then filed an unlawful-detainer action against Dickman, which was dismissed on technical grounds. Dickman sued Kimball for violations of the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seq. Kimball moved to dismiss Dickman’s complaint.
Rule of Law
Holding and Reasoning (Miller, J.)
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