Podcast
Questions and Answers
What was the basis of Young's complaint against Midland Funding and MCM?
What was the basis of Young's complaint against Midland Funding and MCM?
What did Midland Funding and MCM do in response to Young's complaint?
What did Midland Funding and MCM do in response to Young's complaint?
What was the trial court's ruling on Midland Funding and MCM's motion to strike Young's causes of action?
What was the trial court's ruling on Midland Funding and MCM's motion to strike Young's causes of action?
What did Young do after the trial court's ruling?
What did Young do after the trial court's ruling?
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What did the appeals court conclude about Young's Rosenthal Act cause of action?
What did the appeals court conclude about Young's Rosenthal Act cause of action?
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What was the reason for Midland Funding and MCM's request to strike Young's derivative claims?
What was the reason for Midland Funding and MCM's request to strike Young's derivative claims?
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What was the outcome of Midland Funding and MCM's request for attorney fees and costs?
What was the outcome of Midland Funding and MCM's request for attorney fees and costs?
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Study Notes
Appeals court rules in favor of debtor in debt collection lawsuit against Midland Funding, LLC and Midland Credit Management, Inc. Debtor alleged that Midland parties falsely represented substituted service of process was effected to obtain a default judgment against her. Debtor filed a complaint for vacatur of the default judgment and damages under the Rosenthal Fair Debt Collection Practices Act. Midland Funding and MCM responded with a motion to strike all of Young’s causes of action under Code of Civil Procedure section 425.16, commonly known as the anti-SLAPP statute. Midland parties sought to strike all of Young’s causes of action before discovery could be had. Trial court granted the Midland parties’ anti-SLAPP motions on the ground Young did not show she would probably prevail on the merits of her claims. Young appealed from the judgment and from the trial court’s later order staying a motion by the Midland parties for $78,635.14 in attorney fees and costs pending the outcome of our review. Appeals court concludes Young showed she would probably prevail on the merits of her Rosenthal Act cause of action. Young produced prima facie evidence that they falsely represented substituted service on her was effected in the debt collection lawsuit. Midland parties' request to strike Young’s “derivative claims” was either not specific enough or not supported by evidence. Midland parties were awarded attorney fees and costs in an amount to be later determined by the trial court. Midland parties failed to bear their initial burden for their request to strike Young's "derivative claims".
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Description
Test your knowledge of anti-SLAPP statutes and debt collection lawsuits in this quiz based on a recent case involving Midland Funding and Midland Credit Management. Learn about the Rosenthal Fair Debt Collection Practices Act and the legal requirements for obtaining a default judgment against a debtor. Challenge yourself to understand the nuances of the court's decision and the parties' arguments for and against the anti-SLAPP motion. Sharpen your legal skills and stay up-to-date on current events in the world of debt collection litigation