Covarrubias

Covarrubias v. Union Adjustment Co. CA2/5

Good Law
Court of Appeal of CaliforniaAugust 12, 2014B250489California4,195 words

Opinion

Opinion

I. INTRODUCTION

Defendant, Union Adjustment Company, Incorporated, appeals from an order denying its special motion to strike under Code of Civil Procedure section 425.16.1 Defendant sought to strike plaintiff’s complaint for title slander, process abuse, violation of the Fair Debt Collection Act (15 U.S.C. § 1692 et seq.) and injunctive and declaratory relief. We affirm the denial of the special motion to strike as to the claims for violation of the Fair Debt Collection Act and injunctive and declaratory relief. We reverse the order denying the special motion to strike as to the first and second causes of action for title slander and process abuse. Upon remittitur issuance, as we will discuss in detail, the trial court is to resolve issues concerning costs and attorney fees.

II. BACKGROUND

A. Plaintiff’s Complaint

On March 5, 2013, plaintiff, Ignacio Covarrubias, filed his complaint. He alleges the following. Defendant is a collection agency in Burbank, California. Zee Law Group is a law firm in Alhambra, California. Tappan Zee is an attorney at law and the principal of Zee Law Group. On July 30, 1997, defendant entered into a stipulation for judgment with plaintiff’s son,…

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