Selected Published Decisions
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The attorneys at Martin & Bontrager, APC have served as lead or co-lead counsel in the following cases:

Chan v. Foster & Garbus, LLP, 2019 WL 2265135 (C.D. Cal. May 24, 2019) (Lead counsel on a putative California FDCPA and RFDPCA class action). The Court granted Plaintiff’s Motion for Summary Judgment, holding that Defendant’s initial collection letter demanding minimum payment within 26 days overshadowed the disclosure of the consumer’s right to dispute the debt or request the name and address of the original creditor within a 30-day period, and violated 15 U.S.C. §§ 1692g(b), 1692e and e(10) of the Fair Debt Collection Practices Act and Cal. Civ. Code § 1788.17 of the Rosenthal Fair Debt Collection Practices Act as a matter of law.

Sandra West v. California Service Bureau, Inc., 323 F.R.D. 295 (N.D. Cal. Dec. 11, 2017). (Co-lead counsel on a national TCPA class action). The Court granted Plaintiff’s Motion for Certification of a Nationwide TCPA Class in this contested certification proceeding and finally approved a class-wide settlement of $ 4,100.000.00 to the class members.

Jeremy Salazar v. Midwest Servicing Group, Inc., 2018 WL 4802139 (C.D. Cal. Oct. 2, 2018) (Lead counsel on national FDCPA class action). The Court granted Plaintiff’s Motion for Final Approval of Class Action Settlement and certified a Nationwide Settlement Class in a lawsuit alleging violations of the Fair Debt Collection Practices Act.

Chan v. Sutter Health Sacramento Sierra Region, 2017 WL 819903 (C.D. Cal. Feb. 14, 2017). (Co-lead counsel on a national TCPA class action). The Court granted Plaintiff’s Motion for Final Approval of Class Action Settlement and certified a Nationwide Settlement Class in a lawsuit alleging violations of the Telephone Consumer Protection Act.

Couser v. Comenity Bank, 125 F. Supp. 3d 1034 (S.D. Cal. 2015). (Co-lead counsel on a national TCPA class action). The Court granted Plaintiff’s Motion for Final Approval of Class Action Settlement and certified a Nationwide Settlement Class in a lawsuit alleging violations of the Telephone Consumer Protection Act.

Aboudi v. T-Mobile USA, Inc., 2015 WL 4923602 (S.D. Cal. August 8, 2015) (Co-lead counsel on a national TCPA class action). The Court granted Plaintiff’s Motion for Final Approval of Class Action Settlement and certified a Nationwide Settlement Class in a lawsuit alleging violations of the Telephone Consumer Protection Act.

Ari Friedman, et al. v. LAC Basketball Club Inc., Case No. 13-cv-00818, (C.D. Cal. 2014) (Lead counsel on a national TCPA class action). The Court granted Plaintiff’s Motion for Final Approval of Class Action Settlement and certified a Nationwide Settlement Class in lawsuit alleging violations of the Telephone Consumer Protection Act.

Montemayor v. GC Services, LP, N.A., et al., 302 F.R.D. 581 (S.D. Cal. 2014) (Co-lead counsel on a California class action involving privacy rights under Cal. Penal Code § 632 et seq). The court denied Defendant’s motion to dismiss and to strike class allegations, holding that Defendant’s motion to dismiss Plaintiff’s CIPA violations for monitoring and recording based upon its argument there was no third party eavesdropping failed, and, that Defendant failed to demonstrate that Plaintiff’s CIPA claims stood as an obstacle to compliance with the FDCPA, and therefore failed to demonstrate the FDCPA preempts the CIPA claims.

Ann Fox v. Asset Acceptance, 2013 WL 12076476 (S.D.Cal. Oct. 30, 2013) (Co-lead counsel on a national TCPA class action). The Court denied Defendant’s motion to dismiss.

Murphy v. Ocwen Loan Servicing, LLC, 2014 WL 2875635 (E.D. Cal. Feb. 19, 2014) (Lead counsel on a California case alleging violations of the Fair Credit Reporting Act and the California Consumer Credit Agencies Reporting Act). The court denied Defendant’s motion to dismiss, holding that although the pre-2014 version of California Code of Civil Procedure § 580(b) did not extinguish the Plaintiff’s deficiency balance, Plaintiff nonetheless stated claims against Defendant under the Fair Credit Reporting Act and the California Consumer Credit Reporting Agencies Act for Defendant’s credit reporting of Plaintiff’s deficiency balance.

Johnson v. Wells Fargo Home Mortgage Servicing, Inc., 2013 WL 7211905 (C.D. Cal. Sept. 13, 2013). (Lead counsel on a California case alleging violations of the Fair Credit Reporting Act and the California Consumer Credit Reporting Agencies Act). The court denied Defendant’s motion to dismiss, holding that furnishing credit information regarding a debt subject to anti-deficiency under California Code of Civil Procedure § 580(b), while failing to also report that the debt is not subject to deficiency judgment, is potentially misleading.

Smith v. California Business Bureau, Inc., 2012 WL 12871569 (C.D. Cal. Aug. 16, 2012). (Lead counsel on a California case alleging violations of the Fair Debt Collection Practices Act). The court granted Plaintiff’s motion to dismiss Defendant’s counterclaim for the underlying debt, finding that the federal policy of not discouraging Plaintiffs from filing claims under the Fair Debt Collection Practices Act constitutes a compelling reason for the Court to decline exercising supplemental jurisdiction over a counterclaim attempting to collect the underlying debt.

In re De Leon, 2011 WL 13079029 (C.D. Cal. Bankr. March 30, 2011). (Lead counsel in bankruptcy stay violation case). The court awarded damages to the bankruptcy debtor for creditor’s willful violations of the automatic stay.