Cruz

Cruz Ex Rel. Cruz v. International Collection Corp.

Good Law
673 F.3d 991·2012 WL 742337·81 Fed. R. Serv. 3d 1118·2012 U.S. App. LEXIS 4852
United States Court of Appeals for the Ninth CircuitMarch 8, 201209-17449California4,622 words

Opinion

Opinion

Bea, J.

Defendants-Appellants International Collection Corporation and Charles D. Hendrickson appeal the district court’s grant of summary judgment in favor of plaintiff-appellee Herminia Lorenzo Cruz on her claim under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 and the district court’s orders granting three of plaintiffs post-summary judgment motions. The notice of appeal was untimely filed as to the latter three post-summary judgment orders; we will dismiss these appeals for lack of jurisdiction.

In granting summary judgment for Cruz, the district court held that there was no genuine issue of material fact but that International Collection Corporation (ICC) had violated the FDCPA and that Hendrickson was personally liable as ICC’s sole owner, officer, and director because he qualified as a “debt collector” under the FDCPA. We will affirm upon the grounds stated by the district court. Accordingly, we affirm the district court’s order granting summary judgment under Federal Rule of Civil Procedure 56 for plaintiff.

I. Factual and Procedural Background

The relevant facts of this case are not in dispute. On April 15 and 16, 2006, Herminia Lorenzo Cruz wrote…

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