Legal Opinion

Imperial Merchant Services, Inc. v. Hunt

Court of Appeals for the Ninth Circuit

Decided May 12, 2008No. 07-15976PublishedCited by 4 opinions

1Opinion of the Court

ORDER

We respectfully certify the following question to the Supreme Court of California as set forth in the attached request:

1.May a debt collector recovering on a dishonored check impose both a service charge under section 1719 of the California Civil Code and prejudgment interest under section 3287 of the California Civil Code?

We stay all further proceedings in this case in this Court and the district court pending receipt of the answer to the certified question. If the Supreme Court of California declines certification, we will resolve the issue according to our perception of California law.

2Cases cited2 opinions

  1. Davis v. Metro Productions, Inc.Court of Appeals for the Ninth Circuit · 1989
  2. Hunt v. Check Recovery Systems, Inc.District Court, N.D. California · 2007

3Cited by4 opinions

  1. Imperial Merchant Services, Inc. v. HuntCalifornia Supreme Court · 2009
  2. Imperial Merchant Services, Inc. v. HuntCourt of Appeals for the Ninth Circuit · 2009
  3. Hunt v. Imperial MerchantCourt of Appeals for the Ninth Circuit · 2009
  4. Imperial Merchant v. HuntCourt of Appeals for the Ninth Circuit · 2009

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