9 COUNTY OF SANTA CLARA
12 BRUNO FLEMING, individually and on behalf of all others similarly situated, 13 TENTATIVE RULING RE: PETITION Plaintiff, TO COMPEL INDIVIDUAL 14 ARBITRATION AND DISMISS vs. PLAINTIFF’S CLASS ACTION 15 CLAIMS
OLIPHANT FINANCIAL, LLC, a Florida
16 limited liability company; and DOES 1 through
10, inclusive,
The above-entitled action comes on for hearing before the Honorable Patricia M. Lucas 20
on January 13, 2021 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as 21
follows:
Buying Practices Act (“CFDBPA”). Plaintiff Bruno Fleming (“Plaintiff”) seeks statutory 25
damages against defendant Oliphant Financial, LLC (“Defendant”) arising from its routine 26
practice of sending initial written communications that provide the notice required by the 27
CFDBPA in smaller than 12-point type. (Complaint, ¶ 1.)
1 The Complaint, filed on February 13, 2020, sets forth a single cause of action pursuant to 2 the CFDBPA. Now before the court
Hearing Date
January 13, 2021
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9 COUNTY OF SANTA CLARA
12 BRUNO FLEMING, individually and on behalf of all others similarly situated, 13 TENTATIVE RULING RE: PETITION Plaintiff, TO COMPEL INDIVIDUAL 14 ARBITRATION AND DISMISS vs. PLAINTIFF’S CLASS ACTION 15 CLAIMS
OLIPHANT FINANCIAL, LLC, a Florida
16 limited liability company; and DOES 1 through
10, inclusive,
The above-entitled action comes on for hearing before the Honorable Patricia M. Lucas 20
on January 13, 2021 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as 21
follows:
Buying Practices Act (“CFDBPA”). Plaintiff Bruno Fleming (“Plaintiff”) seeks statutory 25
damages against defendant Oliphant Financial, LLC (“Defendant”) arising from its routine 26
practice of sending initial written communications that provide the notice required by the 27
CFDBPA in smaller than 12-point type. (Complaint, ¶ 1.)
1 The Complaint, filed on February 13, 2020, sets forth a single cause of action pursuant to 2 the CFDBPA. Now before the court