Edwards

Edwards v. Beatty

Good Law
18 F. App'x 668
United States Court of Appeals for the Ninth CircuitSeptember 20, 2001Nos. 00-16235, 00-16473; D.C. No. CV-99-01661-JBRCalifornia337 words

Opinion

Lead Opinion

MEMORANDUM **

Paul Edwards appeals pro se the summary judgment of the district court dismissing his claims under the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692 , federal RICO, 18 U.S.C. § 1961-68 , and Nevada state law. Defendant Credit Bureau Central (“CBC”) cross-appeals the district court’s denial of attorneys’ fees under the FDCPA. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

We review summary judgment de novo. Slenk v. Transworld Sys., Inc., 236 F.3d 1072, 1074 (9th Cir.2001), We review the district court’s determination of bad faith for clear error and its decision whether to award attorneys fees for an abuse of discretion. Swanson v. S. Oregon Credit Svc., Inc., 869 F.2d 1222, 1229 (9th Cir. 1989).

Because Edwards failed to proffer evidence to support his claim that the commercial debt from his defunct business was converted into a consumer debt by CBC’s collection activities, the district court properly granted summary judgment. See Slenk, 236 F.3d at 1075-76 (concluding that determination of nature of debt must be based on review of all facts and rejecting contention that debt was converted from commercial to consumer merely…

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