DEMURRER TO COMPLAINT by defendant Bayview Loan Servicing, LLC is OVERRULED. The Demurrer to the First Cause of Action for Violations of the Federal Fair Debt Collection Practices Act ("FDCPA") is overruled. The Complaint sufficiently alleges Defendant Bayview Loan Servicing, LLC ("Bayview") is a debt collector under the FDCPA. The Complaint alleges Bayview "collects debts, either on behalf of itself others in the regular and ordinary course of business" and that Bayview took servicing rights to the loan while it was considered to be in default. (Comp. ¶¶ 63, 67). These allegations are sufficient, at the pleading stage, to support that Defendant is a debt collector under the FDCPA. (See Randall v. Ditech Fin., LLC (2018) 23 Cal.App.5th 804.)
The Demurrer to the Second Cause of Action for Violations of the Rosenthal Fair Debt Collection Practices Act ("RFDCPA") is overruled. The Complaint sufficiently alleges Defendant Bayview is a debt collector under the RFDCPA. The definition of a d
Hearing Date
February 14, 2019
Category
Civil - Unlimited
Type
Misc Complaints - Other
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DEMURRER TO COMPLAINT by defendant Bayview Loan Servicing, LLC is OVERRULED. The Demurrer to the First Cause of Action for Violations of the Federal Fair Debt Collection Practices Act ("FDCPA") is overruled. The Complaint sufficiently alleges Defendant Bayview Loan Servicing, LLC ("Bayview") is a debt collector under the FDCPA. The Complaint alleges Bayview "collects debts, either on behalf of itself others in the regular and ordinary course of business" and that Bayview took servicing rights to the loan while it was considered to be in default. (Comp. ¶¶ 63, 67). These allegations are sufficient, at the pleading stage, to support that Defendant is a debt collector under the FDCPA. (See Randall v. Ditech Fin., LLC (2018) 23 Cal.App.5th 804.)
The Demurrer to the Second Cause of Action for Violations of the Rosenthal Fair Debt Collection Practices Act ("RFDCPA") is overruled. The Complaint sufficiently alleges Defendant Bayview is a debt collector under the RFDCPA. The definition of a d