Case 2:10-cv-09096-ODW-AJW Document 1 Filed 11/24/10 Page 1 of 13 Page ID #:4 1 2 3 4 5 6 7 8 9 10 Cl. ;;i 11 0 CZ: c 12 .! ..:i :: 13 CZ: "" ... 14 .r ZQ 15 0 = u Jl ...l 16 < u z 17 - 18 19 20 21 22 23 24 25 26 27 28 Ehson Salaami, Esq. (SBN: 265717) [email protected]MinCaJ Consumer Law Group 1630 Copa De Oro Drive, Suite A San Diego, CA 92037 Telephone: (888) 678-5550 Facsimile: (888) 678-6885 Attorneys for Plaintiff UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA FILED CLERK,JLS. DISTRICT COURT NOV 2 A 20JO CENTRM. DISTRICT OF CALIFORNIA BY DEPU1¥ Angela Mayer CaseNoCV10-909 6 Plaintiff, v. Complaint For Damages RSB Equity Group, LLC Jury Trial Demanded Defendant. INTRODUCTION 1. The United States Congress has found abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors, and has determined that abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy. Congress wrote the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (hereinafter "FDCPA"), to eliminate abusive debt collection practices by debt collectors, to ensure that those debt collectors who refrain from using unfair and abusive COPY COMPLAINT DAMAGES -I of -
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Case 2:10-cv-09096-ODW-AJW Document 1 Filed 11/24/10 Page 1 of 13 Page ID #:4
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Ehson Salaami, Esq. (SBN: 265717) [email protected] MinCaJ Consumer Law Group 1630 Copa De Oro Drive, Suite A San Diego, CA 92037 Telephone: (888) 678-5550 Facsimile: (888) 678-6885
Attorneys for Plaintiff
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
FILED CLERK,JLS. DISTRICT COURT
NOV 2 A 20JO
CENTRM. DISTRICT OF CALIFORNIA BY DEPU1¥
Angela Mayer CaseNoCV10-909 6 ~l") Plaintiff,
v. Complaint For Damages
RSB Equity Group, LLC Jury Trial Demanded
Defendant.
INTRODUCTION
1. The United States Congress has found abundant evidence of the use of
abusive, deceptive, and unfair debt collection practices by many debt
collectors, and has determined that abusive debt collection practices
contribute to the number of personal bankruptcies, to marital instability, to the
loss of jobs, and to invasions of individual privacy. Congress wrote the Fair
6 55. Plaintiff repeats, re-alleges, and incorporates by reference, all other
7 paragraphs.
8 56. The foregoing acts and omissions constitute numerous and multiple violations
9 of the RFDCPA, including but not limited to each and every one of the above-
10 cited provisions of the RFDCPA, Cal. Civ. Code§§ 1788-1788.32.
57. As a result of each and every violation of the FDCPA, Plaintiff is entitled to
statutory damages for a knowing or willful violation in the amount up to
$1,000.00 pursuant to Cal. Civ. Code§ 1788.30(b); and reasonable attorney's
fees and costs pursuant to Cal. Civ. Code § 1788.30( c) from Defendant.
COUNT Ill
INVASION OF PRIVACY
INTRUSION UPON SECLUSION
18 58. Plaintiff repeats, re-alleges, and incorporates by reference, all other
19 paragraphs.
20 59. Plaintiff had a reasonable expectation of privacy while some of the above
21 conduct took place.
22 60. Defendant intentionally intruded into this expectation of privacy.
23 61. Defendant intrusion would be highly offensive to a reasonable person.
24 62. Plaintiff was harmed.
25 63. The conduct of Defendant was a substantial factor in causing Plaintiff this
26 harm.
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Case 2:10-cv-09096-ODW-AJW Document 1 Filed 11/24/10 Page 9 of 13 Page ID #:12
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PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays that judgment be entered against Defendant, and
Plaintiff be awarded damages from Defendant, as follows:
• An award of statutory damages of $1,000.00 pursuant to 15 U.S.C. §
1692k(a)(2)(A);
• An award of costs of litigation and reasonable attorney's fees, pursuant
to 15 U.S.C. § 1692k(a)(3);
• An award of statutory damages of $1,000.00 pursuant to Cal. Civ. Code
§ 1788.30(b );
• An award of costs of litigation and reasonable attorney's fees, pursuant
to Cal. Civ. Code§ l 788.30(c);
• Special, general, compensatory and punitive damages;
• For such other and further relief as this Court may deem just and proper.
64. Pursuant to the Seventh Amendment to the Constitution of the United States
of America, Plaintiff is entitled to, and demands, a trial by jury.
Date: _l_I _,__jt_'\~/_10_
COMPLAINT FOR DAMAGES
Respectfully submitted,
MinCal Consumer Law Group
By:~~ Ehson Salaami, Esq. Attorneys for Plaintiff
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Case 2:10-cv-09096-ODW-AJW Document 1 Filed 11/24/10 Page 10 of 13 Page ID #:13
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE FOR DISCOVERY
This case has been assigned to District Judge Otis D. Wright II and the assigned discovery Magistrate Judge is Andrew J. Wistrich.
The case number on all documents filed with the Court should read as follows:
CVlO- 9096 ODW (AJWx)
Pursuant to General Order 05-07 of the United States District Court for the Central District of California, the Magistrate Judge has been designated to hear discovery related motions.
All discovery related motions should be noticed on the calendar of the Magistrate Judge
NOTICE TO COUNSEL
A copy of this notice must be served with the summons and complaint on all defendants (if a removal action is filed, a copy of this notice must be served on all plaintiffs).
Subsequent documents must be filed at the following location:
[X] Western Division 312 N. Spring St., Rm. G-8 Los Angeles, CA 90012
LJ Southern Division LJ 411 West Fourth St., Rm. 1~053 Santa Ana, CA 92701~516
Failure to file at the proper location will result in your documents being returned to you.
Eastern Division 3470 Twelfth St., Rm. 134 Riverside, CA 92501
CV-18 (03/06) NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE FOR DISCOVERY
Case 2:10-cv-09096-ODW-AJW Document 1 Filed 11/24/10 Page 11 of 13 Page ID #:14Name & Address:
Ehson Salaami, Esq.
MinCal Consumer Law Group
1630 Copa De Oro Dr., Ste. A San Diego, CA 92037
Angela Mayer
v.
RSB Equity Group, LLC
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
CASE NUMBER
PLAINTIFF(S) CV10-909 6
SUMMONS
DEFENDANT(S).
TO: DEFENDANT(S): RSB Equity Group, LLC, 599 West Crossville Road, Suite 111, Roswell, GA 30075
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it), you must serve on the plaintiff an answer to the attached !!I" complaint D amended complaint 0 counterclaim D cross-claim or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiffs attorney, Ehson Salaami, Esq. , whose address is MinCal Consumer Law Group, 1630 Copa De Oro Dr., Ste. A, San Diego, CA 9203 7 . If you fail to do so, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.
Clerk, U.S. District Court
\ l.r'J Ll-(D Dated: _____ <--_t _____ _
(Seal of the Court)
[Use 60 days if the defendant is the United States or a United States agency, or is an o_fficer or employee of the United States. Allowed 60 days by Rule J2(a)(3)].
CV-OIA (12/07) SUMMONS
Case 2:10-cv-09096-ODW-AJW Document 1 Filed 11/24/10 Page 12 of 13 Page ID #:15UNITED STA. ,S DISTRICT COURT, CENTRAL DISTRIL JF CALIFORNIA
CIVIL COVER SHEET
I (a) PLAINTIFFS (Check box if you are representing yourselfD) Angela Mayer
(b) Attorneys (Firm Name, Address and Telephone Number. If you are representing yourself, provide same.)
MinCal Consumer Law Group (888-678-5550)
l 630 Copa De Oro Dr., Ste. A
San Diego, CA 9203 7
DEFENDANTS RSB Equity Group. LLC
Attorneys (If Known)
II. BASIS OF JURISDICTION {Place an X in one box only.) Ill. CITIZENSHIP OF PRINCIPAL PARTIES - For Diversity Cases Only (Place an X in one box for plaintiff and one for defendant.)
D I U.S. Government Plaintiff l!!f 3 Federal Question (U.S. PTF DEF PTF DEF Government Not a Party) Citizen of This State DI 01 Incorporated or Principal Place 04 04
of Business in this State
D 2 U.S. Government Defendant D 4 Diversity (Indicate Citizenship Citizen of Another State 02 02 Incorporated and Principal Place 05 05 of Parties in Item Ill)
IV. ORIGIN (Place an X in one box only.)
~I Original Proceeding
D 2 Removed from D 3 Remanded from State Court Appellate Court
of Business in Another State
Citizen or Subject of a Foreign Country 0 3 0 3 Foreign Nation
D 4 Reinstated or 0 5 Transferred from another district (specify): Reopened
D 6 MultiDistrict Litigation
06 06
D 7 Appeal to District Judge from Magistrate Judge
V. REQUESTED IN COMPLAINT: JURY DEMAND: '1fYes D No (Check 'Yes· only if demanded in complaint.)
CLASS ACTION under F.R.C.P. 23: D Yes ~No 0 MONEY DEMANDED IN COMPLAINT;$
VI. CAUSE OF ACTION (Cite the U.S. Civil Statute under which you are filing and write a brief statement of cause. Do not cite jurisdictional statutes unless diversity.)
Insurance PERSONAL 0410 Antitrust Marine 0310 Airplane PROPERTY 0510 Motions to Act 0430 Banks and Banking D 130 Miller Act 0 315 Airplane Product 0370 Other Fraud Vacate Sentence D 720 Labor/Mgmt. 0450 Commerce/ICC D 140 Negotiable Instrument Liability 0371 Truth in Lending Habeas Corpus Relations
Ratcslctc. D 150 Recovery of 0 320 Assault. Libel & 0380 Other Personal 0530 General D 730 Labor/Mgmt. 0460 Deportation Overpayment & Slander Property Damage D 535 Death Penalty Reporting & 0470 Racketeer Influenced Enforcement of 0330 Fed. Employers' 0 385 Property Damage D 540 Mandamus/ Disclosure Act
and Corrupt Judgment Liability Product Liability Other D 740 Railway Labor Act Organizations 0151 Medicare Act 0340 Marine ,,;~~~)\~l: D 550 Civil Rights 0 790 Other Labor
0 345 Marine Product 0480 Consumer Credit D 152 Recovery of Defaulted
Liability D 422 Appeal 28 USC D 555 Prison Condition Litigation
0490 Cable/Sat TV Student Loan (Exel. 0 350 Motor Vehicle 158 l D 791 Empl. Ret. Inc.
D 810 Selective Service Veterans) 0 355 Motor Vehicle 0423 Se ct D 850 Securities/Commodities/ D 153 Recovery of Product Liability Agriculture
Exchange Overpayment of 0360 Other Personal Other Food & D 820 Copyrights 0875 Customer Challenge 12 Veteran's Benefits Injury 0441 Voting Drug 0830 Patent
USC 3410 D 160 Stockholders' Suits 0362 Personal Injury- 0442 Employment 0625 Drug Related D 840 Trademark ~890 Other Statutory Actions D 190 Other Contract Med Malpractice 0443 Housing/ Acco- Seizure of ;''~~~··
0891 Agricultural Act 0 195 Contract Product 0365 Personal Injury- mmodations Property 21 USC 0861 HIA (I 395ff)
0892 Economic Stabilization Liability Product Liability 0444 Welfare 881 0 862 Black Lung (923) Act D 196 Franchise 0 368 Asbestos Personal 0445 American with 0630 Liquor Laws D 863 DIWC/DIWW
D 893 Environmental Matters ,/~~w ""-""" Product Disabilities - 0640 R.R. & Truck (405(g)) D 894 Energy Allocation Act 0210 Land Condemnation Employment 0650 Airline Regs D 864 ssm Title XVI D 895 Freedom of Info. Act D 220 Foreclosure American with 0660 Occupational 0 865 RSI (405(g)) 0900 Appeal of Fee Determi- D 230 Rent Lease & Ejcctmcnt Disabilities - Safety /Health FEDERAJ.;T8~
nation Under Equal 0 240 Torts to Land Application Other 0690 Other D 870 Taxes {U.S. Plaintiff Access to Justice D 245 Tort Product Liability 0463 Habeas Corpus- 0440 Other Civil or Defendant)
0950 Constitutionality of 0 290 All Other Real Property Alien Detainee Rights D 871 IRS-Third Party 26 State Statutes 0465 Other Immigration USC 7609
Actions
FOR OFFICE USE ONLY: CaseNumber: __ CV_1_0 _-9_0 _9 6 __ COPY AFTER COMPLETING THE FRONT SIDE OF FORM CV-71, COMPLETE THE INFORMATION REQUESTED BELOW.
CV-71 (05/08) CIVIL COVER SHEET Page I of2
Case 2:10-cv-09096-ODW-AJW Document 1 Filed 11/24/10 Page 13 of 13 Page ID #:16UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
CIVIL COVER SHEET
VIll(a). IDENTICAL CASES: Has this action been previously filed.in this court and dismissed, remanded or closed? ~No 0 Yes If yes, list case number(s): · · · '
Vill(b). RELATED CASES: Have any cases been previously filed,i~ this court that are rel~ted to fue present case'/ ~o 0 Yes
lfyes, list case number(s):------------------------------------------------------
CMI cases are deemed related if a previously filed case and the present case:
(Check all boxes that apply) 0 A. Arise from the same or closely related transactions, happenings, or events; or
DB. Call for determination of the same or substantially related or similar questions of law and fact; or
0 C. For other reasons would entail substantial duplication oflabor if heard by different judges; or
0 D. Involve the same patent, trademark or copyright, !!!!!!. one of the factors identified above in a, b or c also is present.
IX. VENUE: (When completing the following information, use an additional sheet if necessary.)
(a) List the County in this District; California County outside of this District; State if other than California; or Foreign Country, in which EACH named plaintiff resides. D Cheek here if the government, its agencies or employees is a named j>laintifI If this box is checked, go to item (b}.
County in this District:• California County outside of this District; State, if other than California; or Foreign Country
Riverside
(b) List the County in this District; California County outside of this District; State if other than California; or Foreign Country, in which EACH named defendant resides. D Check here if the _fillvcrnment, its ag_encies or elllj>l~es is a named defendant. If this box is checked,~ to item (cl
County in this District:• California County outside of this District; State, if other than California; or Foreign Country
County of Fulton; Georgia
(c) List the County in this District; California County outside of this District; State if other than California; or Foreign Country, in which EACH claim arose. Note: In land condemnation cases, use the location of the tract of land involved.
County in this District:• California County outside of this District; State, if other than California; or Foreign Country
Riverside
* Los Angeles, Orange, San Bernardino, Riverside, Ventura, Santa Barbara, or San Luis Obispo Counties Note: In land condemnation cases use the location of the tract of land involved
X. SIGNATURE OF ATIORNEY (OR PRO PER): ---~.W:X"'-"""-'--"~...0:.::'-">='-'-'-''-. ----- Date _ __,/'-'-r.,_./i .... 11..,t'--'1-"o __________ _
Notice to Counsel/Parties: The CV-71 (JS-44) Civil Cover Sheet and the infonnation contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law. This foim, approved by the Judicial Conference of the United States in September I 974, is required pursuant to Local Rule 3-1 is not filed but is used by the Clerk of the Court for the purpose of statistics, venue and initiating the civil docket sheet. (For more detailed instructions, see separate instroctions sheet.)
Key to Statistical codes relating to Social Security Cases:
Nature of Suit Code Abbreviation
861 HIA
862 BL
863 DIWC
863 DIWW
864 SSID
865 RSI
CV-71 (05108)
Substantive Statement of Cause of Action
All claims for health insurance benefits (Medicare) under Title 18, Part A, of the Social Security Act, as amended. Also, include claims by hospitals, skilled nursing facilities, etc., for certification as providers of services under the program. (42 U.S.C. I 935FF(b))
All claims for "Black Lung" benefits under Title 4, Part B, of the Federal Coal Mine Health and Safety Act of 1969. (30 u.s.c. 923)
All claims filed by insured workers for disability insurance benefits under Title 2 of the Social Security Act. as amended; plus all claims filed for child's insurance benefits based on disability. (42 U.S.C. 405(g))
All claims filed for widows or widowers insurance benefits based on disability under Title 2 of the Social Security Act, as amended. (42 U.S.C. 405(g))
All claims for supplemental security income payments based upon disability filed under Title 16 of the Social Security Act, as amended.
All claims for retirement (old age) and survivors benefits under Title 2 of the Social Security Act, as amended. (42 u.s.c. (g))