Hunt

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

IMPERIAL MERCHANT SERVICES, INC.,  No. 07-15976 a California corporation doing business as Check Recovery D.C. No. Systems, CV-06-07795-MJJ Plaintiff-Appellant,  Northern District of California, v. San Francisco

BRADY G. HUNT,

ORDER

Defendant-Appellee.  Filed May 12, 2008

Before: Stephen S. Trott and Sidney R. Thomas, Circuit Judges, and Michael R. Hogan,* District Judge.

ORDER

We respectfully certify the following question to the Supreme Court of California as set forth in the attached request:

1. May a debt collector recovering on a dishonored check impose both a service charge under sec- tion 1719 of the California Civil Code and pre- judgment interest under section 3287 of the California Civil Code?

We stay all further proceedings in this case in this Court and the district court pending receipt of the answer to the cer-

*The Honorable Michael R. Hogan, United States District Judge for the District of Oregon, sitting by designation.

5243 5244 IMPERIAL MERCHANT SERVICES v. HUNT tified question. If…