Simmonds & Narita, LLP

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Federal District Court dismisses class claims asserted against law firm client of Simmonds & Narita on eve of trial.

In a certified FDCPA class action, the United States District Court for the Southern District of California dismissed the claims of the class on the eve of trial, holding that plaintiff bore the burden of proving the net worth of the defendant, and that plaintiff was unable to provide any competent evidence of the same.  The court rejected plaintiff’s argument that defendant should bear the burden of proving its own net worth, because net worth information is within the defendant’s control, and because the net worth cap is designed to benefit the defendant and is therefore similar to an affirmative defense or exemption.  The court held that establishing the defendant’s net worth is part of plaintiff’s burden of proving the maximum amount of allowable statutory damages, and plaintiff was unable to meet his burden.



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