Johnson v. Credit International, Inc.

MEMORANDUM **

Noelle Johnson appeals the district court’s order awarding attorneys’ fees and costs in a case that she brought against Credit International, Inc., alleging violations of the Fail’ Debt Collection Practices Act ( 15 U.S.C. §§ 1692 et seq.) and the California Unfair Competition Law (Cal. Bus. & Prof.Code §§ 17200 et seq.). For the reasons discussed below, we affirm the district court’s order in part and vacate and remand in part.

Because the parties are familiar with the factual and procedural history, we recount it here only briefly. After wilting a check that failed to clear, Johnson began to receive collection demands from Credit International. She filed the present suit against Credit International in January 2003. After conducting some discovery, Johnson moved for class certification in March 2004. In April 2004, before a class had been certified, Credit International served a Federal Rule of Civil Procedure 68 offer of judgment to settle the suit as an individual action. Johnson accepted Credit International’s Rule 68 offer in May 2004.

Following the district court’s entry of judgment in her favor pursuant to the settlement, Johnson moved for attorneys’ fees…