Randall v. Ditech Financial, LLC

D.C. Randall, Jr., the dismissal of his operative second amended complaint against Ditech Financial, LLC (Ditech) after the trial court sustained Ditech's demurrer to the complaint without leave to amend. Randall contended the court erred in its ruling as to his causes of action for violation of the federal Fair Debt Collection Practices Act (FDCPA) and for violation of the state unfair competition law (UCL) because these causes of action stated or can be amended to state viable claims. The Court of Appeal concluded the complaint stated a claim under section 1692f(1) of the FDCPA and could be amended to state a claim under section 1692f(6). Consequently, the complaint could also be amended to state a claim under the UCL. Therefore, the Court reversed the trial court and remanded the matter with directions to conduct further proceedings. View "Randall v. Ditech Financial, LLC" on Justia Law