Del Campo v. Kennedy

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTIONS TO DISMISS; GRANTING PLAINTIFFS’ MOTION FOR LEAVE TO FILE AMENDED CONSOLIDATED COMPLAINT

I. INTRODUCTION

In 1985, the California Legislature created a misdemeanor diversion program to address the growing problem of accused bad check writers inundating the state’s criminal courts. Cal. Pen.Code § 1001.60 et seq. The diversion program is intended to provide a feasible alternative to criminal prosecution by offering bad check writers a chance to pay their debts and clear the incident reports against them without risking criminal prosecution. Santa Clara County adopted the program, and District Attorney George Kennedy (“District Attorney”) subsequently contracted with American Corrective Counseling Services, Inc. (“ACCS”) to run the Santa Clara County Bad Check Restitution Program (“Bad Checks Program”).

Plaintiffs bring this class action alleging, inter alia, that Defendants engaged in a pattern of behavior in implementing the diversion program that violate their due process under the Fourteenth Amendment, 42 U.S.C. § 1983 , and the California Constitution, the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 , as…