Walcker

Walcker v. SN Commercial, LLC

Good Law
286 F. App'x 455
United States Court of Appeals for the Ninth CircuitJuly 28, 2008No. 06-36062California1,366 words

Opinion

Lead Opinion

MEMORANDUM **

Plaintiffs-Appellants Elmer and Stella Walcker (“the Walckers”) took out a loan that was later transferred to SN Commercial, LLC (“SNC”) and serviced by SN Commercial’s affiliate, SN Servicing (“SNS”). While servicing this loan SNS sent two letters to the Walckers: one introducing itself as the loan servicer, and one discussing options for the Walckers to pay off their loan. The Walckers filed an action against SNS, SNC, and the other appellees alleging, inter alia, that they violated the Washington Collection Agency Act (“WCAA”), 1 Wash. Rev.Code § 19.16, et seq., and the Washington Consumer Protection Act (“WCPA”), Wash. Rev. Code § 19.86 , when they sent the Walck-ers the above-referenced letters.

On January 31, 2006, Defendants, prior to filing an answer, moved for summary judgment. After conducting a hearing on the matter, the district court held that: (1) SNS was not subject to the provisions of the WCAA; (2) the Notices sent by SNS to the Walckers did not violate the WCAA; and (3) because the Walckers’ claims against SNC, SN Trust, and Christiana were based on SNS’s violation of the WCAA, the Walckers’ claims against the same also failed. 3 The Walckers…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.