Ninth Circuit affirms judgment for Simmonds & Narita’s law firm client, confirming that a plaintiff bears the burden of proving the defendant’s net worth in an FDCPA class action.
On August 20, 2018, the Ninth Circuit Court of Appeals issued a ruling affirming a judgment in favor of a law firm represented by Simmonds & Narita. In its decision, the court confirmed that where a plaintiff in an FDCPA class action seeks to recover statutory damages on behalf of a class, the plaintiff bears the burden of proving the net worth of the defendant. See Tourgeman v. Nelson & Kennard, 900 F.3d 1105 (9th Cir. 2018).