Gadomski

Gadomski v. Patelco Credit Union

Good Law
United States District Court, Eastern District of CaliforniaMarch 24, 20202:17-cv-00695California2,989 words

Opinion

Trial Court Opinion

I. FACTUAL AND PROCEDURAL BACKGROUND

23 According to the Complaint, Plaintiff resides in Tracy, California and is a “consumer” as 24 that term is defined by Cal. Civ. Code. § 1785.3(b) and 15 U.S.C. § 1681a(c). (ECF No. 1 at ¶ 25 20.) Defendant is corporation, with a primary corporate address in the County of San Francisco, 26 California. (Id. at ¶ 22.). Defendant is a furnisher of information as contemplated by the Fair 27 Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681s-2(a) and (b), which regularly furnishes 28 information to consumer reporting agencies (“CRAs”) about consumer transactions or experiences with any consumer. (Id. at ¶ 23.) On or about April 23, 2013, Plaintiff filed for a “no asset” Chapter 7 bankruptcy in the United States Bankruptcy Court for the Easter District of California in Fresno. (ECF No. 1 at ¶ 117.) Plaintiff alleges her financial obligation to Defendant, consisting of a consumer credit card account, was scheduled and included in the Bankruptcy. (Id. at ¶ 118.) Plaintiff further alleges Defendant received notice of the Bankruptcy filing on or about April 23, 2014, through a Court Certificate of Mailing with…

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