Nature of Proceedings: Demurrer; Case Management Conference
The court overrules defendant Aurora Bank, FSB’s demurrer to the first cause of action in the complaint of plaintiffs Howard Rose and M. Cynthia Rose. Plaintiffs Howard Rose and M. Cynthia Rose brought this action pursuant to the Rosenthal Fair Debt Collection Practices Act (Civil Code § 1788-1788.32 – “RFDCPA”) and the federal Fair Debt Collection Practices Act (15 U.S.C. § 1692-1692p – “FDCPA”). Defendant is Aurora Bank, FSB. Plaintiffs allege: In 2005, they allegedly incurred a debt to Community West Bank, N.A. [Complaint ¶ 17] “Plaintiffs allegedly fell behind in the payments allegedly owed on the alleged debt. Plaintiffs currently take no position as to whether or not this alleged debt was actually owed.” [Complaint ¶ 18] (For convenience, hereafter the court will use the term “debt” when referring to what plaintiffs call the “alleged debt.”) Community West Bank transferred the servicing of the debt to defendant
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Nature of Proceedings: Demurrer; Case Management Conference
The court overrules defendant Aurora Bank, FSB’s demurrer to the first cause of action in the complaint of plaintiffs Howard Rose and M. Cynthia Rose. Plaintiffs Howard Rose and M. Cynthia Rose brought this action pursuant to the Rosenthal Fair Debt Collection Practices Act (Civil Code § 1788-1788.32 – “RFDCPA”) and the federal Fair Debt Collection Practices Act (15 U.S.C. § 1692-1692p – “FDCPA”). Defendant is Aurora Bank, FSB. Plaintiffs allege: In 2005, they allegedly incurred a debt to Community West Bank, N.A. [Complaint ¶ 17] “Plaintiffs allegedly fell behind in the payments allegedly owed on the alleged debt. Plaintiffs currently take no position as to whether or not this alleged debt was actually owed.” [Complaint ¶ 18] (For convenience, hereafter the court will use the term “debt” when referring to what plaintiffs call the “alleged debt.”) Community West Bank transferred the servicing of the debt to defendant