Legal Opinion
Garduno v. Autovest LLC
District Court, D. Arizona
Decided October 27, 2015No. CV-15-01016-PHX-ROSPublishedCited by 2 opinions
1Opinion of the Court
ORDER
Roslyn O. Silver, Senior United States District Judge
Plaintiffs were sued by Defendants in state court for not paying off a car loan. According to Plaintiffs, Defendants waited too long to file that suit. Plaintiffs now allege the filing of the state court suit violated the Fair Debt Collection Practices Act (“FDCPA”). Defendants seek judgment on the pleadings, arguing this suit is barred by the Rooker-Feldman doctrine or because the FDCPA claim was a compul*925sory counterclaim that should have been raised in state court. Defendants are incorrect and Plaintiffs’ claim may proceed.
BACKGROUND
I…
2Cases cited21 opinions
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Exxon Mobil Corp. v. Saudi Basic Industries Corp.Supreme Court of the United States · 2005
- Miller v. GammieCourt of Appeals for the Ninth Circuit · 2003
- Cafasso v. General Dynamics C4 Systems, Inc.Court of Appeals for the Ninth Circuit · 2011
- Eric Noel v. Brian C. Hall Sandra A. Hall, Fka Sandra Johnson, and Gabrielle S. Lennartz Herb Weisser Michelle A. MerchantCourt of Appeals for the Ninth Circuit · 2003
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3Cited by2 opinions
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