Logourl black
From our private database of 14,100+ case briefs...

Dickman v. Kimball, Tirey & St. John LLP

United States District Court for the Southern District of California
982 F. Supp. 2d 1157 (2013)


Facts

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

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Miller, J.)

The holding and reasoning section includes:

  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 219,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.