Kimberly Grant v. Unifund Ccr

Good Law
577 F. App'x 693
United States Court of Appeals for the Ninth CircuitJune 2, 201412-56641California1,276 words

Opinion

Opinion

MEMORANDUM

In 2008, Unifund CCR Partners, a debt collection agency, sued Kimberly Grant in Los Angeles County Superior Court for collection of unpaid credit card debt. Grant did not respond to the complaint. After motion, the Superior Court entered default judgment in favor of Unifund.

On September 30, 2011, Grant filed a putative class action lawsuit in the District Court for the Central District of California against Unifund CCR Partners and Uni-fund Corporation. (“Grant I ”). This action asserted claims for violations of the federal Fair Debt Collection Practices Act (“FDCPA” 15 U.S.C. § 1692 ), California’s Unfair Competition Law (“UCL” Cal. Bus. & Prof.Code § 17200 et seq.), and state-law claims for abuse of process and conversion. Grant v. Unifund CCR Partners, 842 F.Supp.2d 1234, 1236 (C.D.Cal.2012).

On October 5, 2011, Grant filed a motion in California state court to vacate the prior state court judgment, claiming that she had never been served with the complaint. The superior court denied the motion, and Grant did not appeal.

On February 6, 2012, the district court in Grant I granted Unifund’s motion for summary judgment. Id. at 1237 . The court divided Grant’s…

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