Hosseinzadeh

Hosseinzadeh v. M.R.S. Associates, Inc.

Good Law

387 F. Supp. 2d 1104·2005 WL 2008181·2005 U.S. Dist. LEXIS 17337

United States District Court, Central District of CaliforniaMarch 3, 2005CV0400419CASRCXCalifornia5,510 words

Opinion

Snyder, J.

ORDER GRANTING SUMMARY JUDGMENT IN PART FOR PLAINTIFF AND DENYING SUMMARY JUDGMENT FOR DEFENDANT

I. INTRODUCTION

On January 23, 2004, plaintiff Noushin A. Hosseinzadeh (“Hosseinzadeh”) filed suit against defendant M.R.S. Associates, Inc. (“MRS”). Plaintiff alleges the following claims: (1) violation of the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1962 et seq.; and (2) violation of the Rosenthal Fair Debt Collection Practices Act (“Rosenthal Act”), Cal. Civ.Code §§ 1788-1788.32. On December 17, 2004, defendant filed a motion for summary judgment. On December 27, 2004, plaintiff filed her opposition to defendant’s motion and on January 7, 2005, defendant filed its reply. Defendant’s motion is presently before the Court.

II. FACTUAL BACKGROUND

Plaintiff allegedly incurred a disputed debt to Capital One sometime before Dé-cember 6, 2003, and subsequently failed to pay amounts allegedly due. Complaint ¶¶ 14, 15. Plaintiffs debt was assigned or transferred to defendant for collection. Id. ¶ 16. On December 5, 2003, defendant sent a letter to plaintiff regarding this debt. Mot. at 2; Declaration of Daniel J. McCusker (“McCusker Deck”) ¶ 2; Opp’n at 2.

Subsequently,…

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