Simmonds & Narita, LLP

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Federal district court grants summary judgment for Simmonds and Narita’s law firm client on FDCPA claims; orders Plaintiff’s counsel to pay Rule 11 sanctions of $30,007

The U.S. District Court for the Eastern District of California granted summary judgment in favor of Simmonds & Narita’s law firm client and sanctioned the plaintiff’s counsel in the amount of $30,007 under Rule 11 of the Federal Rules of Civil Procedure for filing and pursuing frivolous FDCPA claims.  The claims were based in part on telephone calls between the firm and the plaintiff’s counsel, and were therefore barred as a matter of law by the Ninth Circuit’s decision in Guerrero v. RJM Acquisitions, LLC, 499 F.3d 926 (9th Cir. 2007).  The allegation that the firm failed to properly remove a garnishment on her wages was contradicted by the undisputed evidence and legally untenable. 

The plaintiff’s motion for reconsideration was denied and the court awarded further sanctions against the plaintiff’s counsel.  In total, the plaintiff’s counsel was ordered to pay Simmonds & Narita’s client $30,007 in attorneys’ fees and costs. 



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