Irwin

ORDER GRANTING PARTIAL SUMMARY JUDGMENT AS TO LIABILITY AND DAMAGES AND ORDERING PRELIMINARY INJUNCTION

INTRODUCTION

Plaintiffs’ Motion for Partial Summary Judgment and Preliminary Injunction came on for hearing on January 19, 2000. Appearing for Plaintiffs were Paul Arons and Lorraine Baur. Appearing for Defendants were Mark Ellis and June Coleman. The Court heard oral argument and took the matter under submission.

FACTUAL AND PROCEDURAL BACKGROUND

Plaintiffs Kathleen R. Irwin, Nancy Heth, and Lorraine L. Castaneda filed suit on December 31, 1997, for damages and injunctive relief in this action against defendants Owen T. Mascott, Commonwealth Equity Adjustments, Inc. (“CEA”), and Eric W. Browning, for alleged violations of the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 et seq. [“FDCPA”], and the California Unfair Business Practices Act, Cal. Business & Professions Code §§ 17200 , et seq. (“CUBPA”).

Plaintiffs allege that CEA and its executive director Browning through its then attorney Owen Mascott violated the FDCPA and CUBPA by means of written communications to debtors which:

(Complaint, ¶¶ 36^43, 51-61).

The class was certified on March 24, 1999. Irwin v.…