Powers
Powers v. Floersheim
Opinion
Opinion
Stephens, J.
Plaintiff Harold J. Powers, as Director of the Department of Professional and Vocational Standards of the State of California, brought suit against defendants Sydney N. Floersheim (also known as S. Floersheim and as Sydney Floersheim), Elaine A. Floersheim, Paul Price (also known as Paul Pink), Maxine Pink, Herman Winters, and Ralph Schneider. The complaint alleges that none of the defendants is licensed as a collection agency, as required by Business and Professions Code, section 6853, and that they are in violation of section 6870 of that code. Injunctive relief is sought to restrain defendants from engaging in business as a collection agency until they are licensed to do so, pursuant to the Collection Agency Act. (Bus. & Prof. Code, § 6850 et seq.) The two pertinent sections around which this case developed are sections 6852 3and 6853.
Plaintiff contends that the sale of certain forms by the defendant, both alone and in connection with certain mailing and forwarding services rendered, constituted the business of a collection agency for which defendants were required to obtain a collection agency license, but did not. Defendants consented to a limited injunction against the…