Dennis
Dennis v. Experian Information
Opinion
Opinion
Kozinski, J.
ORDER
The petition for rehearing is granted. The previous opinion, 485 F.3d 443 (9th Cir.2007), is withdrawn and replaced by the opinion filed concurrently herewith. Either party may file a new petition for rehearing or petition for rehearing en banc.
OPINION
We address whether a credit reporting agency can be liable under the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 , when it overlooks or misinterprets documents in a court file.
Facts
In October 2002, Jason Dennis was sued for unlawful detainer. Eventually, his landlord agreed to drop the suit, in exchange for $2,938.50, payable in installments. The parties agreed that no judgment would be entered against Dennis, and filed a written stipulation to that effect. The court’s Register of Civil Actions inaccurately reports this event as: “11/ 25/2002 Court Trial Concluded&emdash;Judgment Entered.” Two months later, after Dennis paid the promised sums, the parties presented a “Request for Dismissal,” which the court clerk endorsed and filed. The corresponding Register entry accurately reports how this action resolved the dispute: “01/ 28/2003 Dismissal Without Prejudice&emdash;Entire Action, Filed & Entered.”