Reyes

ORDER GRANTING IN PART AND DENYING IN PART CROSS MOTIONS FOR SUMMARY JUDGMENT

INTRODUCTION

Before the Court are cross Motions for Summary Judgment, one brought by Defendants Kenosian & Miele, LLP, and Kenneth Miele (collectively, “Defendants”) and the other brought by Plaintiff Manuel Reyes (“Plaintiff’ or “Reyes”). (Docket Nos. 29, 83.) Both Motions are opposed. For the following reasons, the Court GRANTS in part and DENIES in part Defendants’ and Plaintiffs Motion for Summary Judgment.

FACTUAL BACKGROUND

The instant action presents a debt collection dispute. The following facts are undisputed unless noted.

On January 25, 2006, Defendants filed a debt collection action on behalf of their client, Unifund CCR Partners (“Unifund”), against Plaintiff in San Mateo County Superior Court (“state court action”). In the state court action, Defendants claimed that Unifund purchased, or was otherwise assigned, an alleged debt that Plaintiff owed to his credit card company, First USA Bank, N.A (“First USA”). Defendants, on behalf of Unifund, sought to collect $3,985.85 in damages, pre-judgment interest at twenty-two percent per year and an award of reasonable attorney’s fees of at least…