Plaintiff Cavalry SPV I, LLC's unopposed motion for judgment on the pleadings is denied. Plaintiff alleges in its complaint that it is a "debt buyer," as defined by Civil Code section 1788.50(a). (Complaint, ¶¶ 4, 5.) It alleges that it purchased the subject debt after 1/1/14. (Complaint, ¶ 5.) As such, the complaint is governed by Civil Code section 1788.50 et seq., the Fair Debt Buying Practices Act. (See Civil Code section 1788.50(d) ["This title shall apply to debt buyers with respect to all consumer debt sold or resold on or after January 1, 2014."].)
Civil Code section 1788.58 provides in relevant part:
In an action brought by a debt buyer on a consumer debt:
(a) The complaint shall allege all of the following:
(1) That the plaintiff is a debt buyer.
(2) The nature of the underlying debt and the consumer transaction or transactions from which it is derived, in a short and plain statement.
(3) That the debt buyer is the sole owner of the debt at issue, or has authority to as
Hearing Date
July 31, 2019
Type
Rule 3.740 Collections
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Plaintiff Cavalry SPV I, LLC's unopposed motion for judgment on the pleadings is denied. Plaintiff alleges in its complaint that it is a "debt buyer," as defined by Civil Code section 1788.50(a). (Complaint, ¶¶ 4, 5.) It alleges that it purchased the subject debt after 1/1/14. (Complaint, ¶ 5.) As such, the complaint is governed by Civil Code section 1788.50 et seq., the Fair Debt Buying Practices Act. (See Civil Code section 1788.50(d) ["This title shall apply to debt buyers with respect to all consumer debt sold or resold on or after January 1, 2014."].)
Civil Code section 1788.58 provides in relevant part:
In an action brought by a debt buyer on a consumer debt:
(a) The complaint shall allege all of the following:
(1) That the plaintiff is a debt buyer.
(2) The nature of the underlying debt and the consumer transaction or transactions from which it is derived, in a short and plain statement.
(3) That the debt buyer is the sole owner of the debt at issue, or has authority to as