Le Doux v. Credit Research Corp.

Good Law
125 Cal. Rptr. 166·1975 Cal. App. LEXIS 1475·52 Cal. App. 3d 451
Court of Appeal of CaliforniaOctober 24, 1975Civ. 45908California1,391 words

Opinion

Opinion

Roth, J.

Appellants, Terry Le Doux and Isabel Milan, individually and on behalf of the general public as permitted by Civil Code section 3369 seek an injunction restraining respondent Credit Research Corporation from practicing law. They appeal the judgment of dismissal of our superior court entered following ¡their refusal to amend after an order sustaining a demurrer to their complaint.

Appellants admit that respondent is duly incorporated and licensed as a collection agency in this state.

The sole question presented is whether respondent’s manner of doing business constitutes the practice of law. The crucial allegations of the complaint on this subject are:

The parties, and amici curiae agree on the basic principles that only the Supreme Court of this state may grant the privilege to practice law subject to reasonable acts by the Legislature (In re Lavine (1935) 2 Cal.2d 324, 328 [ 41 P.2d 161 , 42 P.2d 311 ]), and that collection agencies are comprehensively controlled by the state. (Bus. & Prof. Code, arts. 1-12, ch. 8, div. 3 (commencing with § 6850) (Collection Agency Act); see also Cal. Admin. Code, tit. 16, §§ 606-636.) Collection agencies are specifically prohibited…

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