Welker

Welker v. LAW OFFICE OF DANIEL J. HORWITZ

Good Law
699 F. Supp. 2d 1164·2010 WL 1227396·2010 U.S. Dist. LEXIS 28374
United States District Court, Southern District of CaliforniaMarch 25, 20103:08-cr-02259California5,272 words

Opinion

Opinion

Gonzalez, J.

ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

[Doc. No. 36]

Currently before the Court is Plaintiff Erica Welker’s Motion for Summary Judgement. Having considered the parties’ arguments, and for the reasons set forth below, the Court GRANTS the motion in its entirety.

BACKGROUND

Defendant Daniel J. Horwitz is an attorney engaged in collecting unpaid debts for creditors, including the Ambulatory Care Surgery Center. On October 2, 2008, De fendant sent Welker a dunning letter, indicating that the Ambulatory Care Surgery Center retained his office to collect Welker’s outstanding balance related to her past-due account for medical services rendered. The letter listed $23,508.61 as the principal amount of the claim, and also asked for interest at the legal rate and reimbursement of related court costs. The dunning letter was delivered along with the state court Summons and Complaint, and was the only communication sent to Welker by Defendant.

On December 5, 2008, Welker brought a lawsuit against Defendant, alleging that the dunning letter she received violated the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 et seq. (“FDCPA”), and the Rosenthal Fair Debt…

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