Imperial Merchant Services, Inc. v. Hunt, No. S163577
In a bankruptcy action decided on request of the United States Court of Appeals for the Ninth Circuit, the Supreme Court of California concludes that the statutory damages prescribed in Civil Code sec. 1719 are exclusive in the sense that a debt collector who recovers a service charge on a dishonored check pursuant to Civil Code sec. 1719 may not also recover prejudgment interest on damages under Civil Code sec. 3287.
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On Certification from the Ninth Circuit Court of Appeals.
Filed August 10, 2009
Before BAXTER, J., GEORGE, C.J., WERDEGAR, J., CHIN, J., MORENO, J., CORRIGAN, J., KENNARD, J.
Opinion by CHIN, J.
For Plaintiff: Law Offices of Clark Garen and Clark Garen.
For Defendant: Paul Arons; The Berg Law Group, Irving L. Berg; Horwitz, Horwitz & Associates and O. Randolph Bragg III.
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