Naas

Naas v. Stolman

Good Law
130 F.3d 892·97 Daily Journal DAR 14833·1997 WL 757544·1997 U.S. App. LEXIS 34367·97 Cal. Daily Op. Serv. 9187
United States Court of Appeals for the Ninth CircuitDecember 9, 1997No. 96-16789California769 words

Opinion

Lead Opinion

Wallace, J.

Richard and Janet Naas sued National Business Factors, Inc. and its attorneys, Adrian and Stolman, (collectively NBF) for violations of the Fair Debt Collection Practices Act (Act), 15 U.S.C. §§ 1692a-1692o, and for intentional infliction of emotional distress. The district court exercised jurisdiction pursuant to 28 U.S.C. § 1331 , 15 U.S.C. § 1692k(d), and 28 U.S.C. § 1367 , and dismissed the Naases’ complaint without leave to amend, and dismissed the action. The Naases timely appealed, and we have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm and hold that the Naases’ action is barred by the statute of limitations.

This action arises from a state court debt collection suit brought against the Naases by NBF. NBF filed suit in California Municipal Court on March 10, 1993, to recover $625.16 for unpaid hospital bills. NBF obtained a judgment which the Appellate Department of the California Superior Court affirmed on January 12, 1996. The Naases filed their action in federal district court on July 11, *893 1995, alleging that NBF’s collection suit violated the Act and caused intentional infliction of emotional distress. The district court entered a stay, pending resolution…

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