Dey

Dey v. Continental Central Credit

Good Law
170 Cal. App. 4th 721·2008 Cal. App. LEXIS 2532·88 Cal. Rptr. 3d 241
Court of Appeal of CaliforniaDecember 29, 2008D052254California3,478 words

Opinion

Opinion

McCONNELL, J.

Irvin K. Dey appeals a judgment of dismissal entered after the court sustained without leave to amend the demurrer of Continental Central Credit (Continental) and Vacation Resorts International, Inc. (Vacation Resorts), on Dey’s proposed class action complaint for violation of California’s unfair competition law (UCL). (Bus. & Prof. Code, § 17200 et seq.) Dey contends he stated a cause of action based on a fee defendants charged him to collect a debt he owed a homeowners association because it was not reasonably related to the actual costs of collection. We affirm the judgment.

BACKGROUND

In June 2007 Dey filed a first amended complaint (FAC), a proposed class action, against Vacation Resorts and Continental. The FAC had a single cause of action for violation of the UCL, predicated on violation of the federal Fair Debt Collection Practices Act (FDCPA). ( 15 U.S.C. § 1692 et seq.)

The FAC alleged that under a written contract Dey purchased a timeshare interest in a condominium project called the “Shores at Lake Travis” (the Shores). The FAC alleged numerous facts on information and belief, including that Vacation Resorts provided management services to the Shores’s…

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