Legal Opinion
Davidson v. Seterus, Inc.
California Court of Appeal, 5th District
Decided March 13, 2018No. D071502PublishedCited by 35 opinions
1Opinion of the CourtAaron, J.
*289I.
INTRODUCTION
At issue in this appeal is whether mortgage servicers can be "debt collectors" under California's Rosenthal Fair Debt Collection Practices Act (the Rosenthal Act; Civ. Code,1 § 1788 et seq. ). There is a split of authority among the many federal district courts that have considered the issue, and there is a paucity of California authority addressing the question.
In this case, the plaintiff, Edward Davidson, brought a putative class action against Seterus and its parent company, International Business Machines, Inc. (IBM), alleging that the defendants violated the Act and the…
2Cases cited28 opinions
- Blank v. KirwanCalifornia Supreme Court · 1985
- United States v. BestfoodsSupreme Court of the United States · 1998
- Sonora Diamond Corp. v. Superior CourtCalifornia Court of Appeal · 2000
- People ex rel. Lungren v. Superior CourtCalifornia Supreme Court · 1996
- Mesler v. Bragg Management Co.California Supreme Court · 1985
23 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Cavalry SPV I, LLC v. Watkins, California Court of Appeal, 5th District2019
- Timlick v. Nat'l Enter. Sys., Inc., California Court of Appeal, 5th District2019
- Millview Cnty. Water Dist. v. State Water Res. Control Bd., California Court of Appeal, 5th District2019
- Best v. Ocwen Loan Servicing, LLCCalifornia Court of Appeal · 2021
- Bostwick v. SN Servicing CorporationDistrict Court, N.D. California · 2021
30 more not listed; retrieve them via the Exa API.