SAN FRANCISCO – The U.S. Court of Appeals for the Ninth Circuit recently ruled that the trustee of a California deed of trust securing a real estate loan was not a “debt collector” under the federal Fair Debt Collection Practices Act (FDCPA). The court’s reasoning was the trustee wasn’t trying to collect money from the borrower.
&&&CALIFORNIA--The U.S. District Court for the Southern District of California has approved the settlement terms of the class action lawsuit Stemple v. QC Holdings. The plaintiff, Paul Stemple, filed a complaint against QC Holdings alleging it violated the Telephone Consumer Protection Act (TCPA) by contacting him – and others – via cell phone.
SAN FRANCISCO – An ongoing conflict between the Sierra Club and Friends of the West Shore with the Tahoe Regional Planning Agency (TRPA) has come to an end ... for now. The environmental groups, represented by Earthjustice attorney Trent Orr, appealed their lawsuit to the U.S. Court of Appeals for the Ninth Circuit after U.S. District Court Judge John Mendez dismissed it in April 2014. The appeals court upheld the TRPA plan.
SAN FRANCISCO -- California's Ninth Circuit Court reversed a district court’s summary judgment in favor of CarMax Auto Superstores LLC (CarMax) and remanded with instructions to enter summary judgment for plaintiff Travis Gonzales. Gonzales sued CarMax after experiencing problems with a vehicle he purchased at one of its lots.
SAN FRANCISCO — The federal agency tasked with granting the U.S. Navy permission to use low-frequency active sonar for training, testing and routine operations in oceans around the world didn’t do enough to protect marine mammals, a panel of judges in the Ninth U.S. Circuit Court of Appeals decided recently.