Dickman v. Kimball, Tirey & St. John LLP

982 F. Supp. 2d 1157 (2013)

Study Aids
Case Briefs Overview
Casebooks
Case Briefs
D
From our private database of 46,200+ case briefs, written and edited by humans—never with AI.

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

Issue

Holding and Reasoning (Miller, J.)

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 779,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead 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.

    Learn about our approachRead more about Quimbee

Here's why 779,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,200 briefs, keyed to 988 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.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 779,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,200 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Consumer Law

Key Terms