You are on page 1of 4

1

2 3 4 5 6 7 8 9 10 11 12 13 14 15

ROBERT AMADOR, ESQ. (State Bar #269168) Centennial Law Offices 9452 Telephone Rd. 156 Ventura, California 93 004 Telephone: (888) 308-1119 ext. 11 Facsimile: (888) 535-8267 Attorney for Plaintiff JAMES CLEVENHAGEN

Y.CA

SUPERIOR COURT OFJTHE STATE OF CALIFORNIA

FOR THE
JAMES CLEVENHAGEN, Plaintiff, LIMITED CIVIL CASE FOR:
vs.
) Case No. 3f-2012-00104609-CL-MC-CTL

LEADING EDGE RECOVERY LLC;


and

DOES 1-5, inclusive, Defendants.

1.) ROSENTHAL FAIR DEBT COLLECTION PRACTICES ACT ) VIOLATIONS (Cal. Civ. Code 1788 et ) seq.). ) 2.) FAIR DEBT COLLECTION ) PRACTICES ACT (15 U.S.C. 1692 et seq.)

16 17 18 19 20 21 22 23 24 25 26 27 28

PLAINTIFF, JAMES CLEVENHAGEN, ALLEGES: GENERAL ALLEGATIONS APPLICABLE TO ALL CAUSES OF ACTION 1. Plaintiff is ignorant of the true names and capacities of defendants sued herein as DOES 1-5, inclusive, and therefore sues these defendants by such fictitious names. Plaintiff will amend this Complaint to allege their true names and capacities when ascertained. Plaintiff believes and thereon alleges that each of the fictitiously named defendants is responsible in some manner for the occurrences herein alleged, and that each is responsible to Plaintiff for damages and/or monies owed.

CIVIL COMPLAINT - 1

1
2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

2. This court has jurisdiction over this action pursuant to California Code of Civil Procedure 410.10. 3. This is the court of proper venue pursuant to California Code of Civil Procedure 395 in that Plaintiff resides and suffered harm within the county. 4. Plaintiff Mr. Clevenhagen is a resident of California. 5. Defendant LEADING EDGE PvECOVERY SOLUTIONS LLC (hereinafter "Defendant") is, and at all material times herein alleged, believed to be a limited liability company headquartered in Illinois and engaged in debt collection within California among other states. LEADING EDGE RECOVERY SOLUTIONS LLC and DOES 1-5 are "debt collectors" as defined by 15 U.S.C. 1692a and Cal. Civ. Code 1788.1(c). LEADING EDGE RECOVERY SOLUTIONS LLC and DOES 1-5 shall jointly be referred to herein as "Defendants".

FACTUAL BACKGROUND 6. On or about February 2, 2012 Defendants became engaged in debt collection activity with regards to a consumer debt (hereinafter "DEBT") allegedly owed by Mr. Clevenhagen. 7. From approximately February 2 to May 11, 2012, Defendants called Mr. Clevenhagen approximately weekly with the use of an automated dialer playing a pre-recorded message as follows: "Hello, this is Paul Black. Please press 1 at any time during this message to be connected to a representative or please return my call at 1-877-865-9750. Again this is Paul Black. Please return my call at 1-877-865-9750. Thank you." 8. Due to the collection activity alleged herein, particularly the excessive calls and messages, Mr. Clevenhagen retained counsel.
9. Based on the foregoing, and as a direct result of Defendants' unlawful collection activities, Plaintiff has incurred attorney's fees of $1,555.00 to date.

FIRST CAUSE OF ACTION ROSENTHAL FAIR DEBT COLLECTION PRACTICES ACT (Cal. Civ. Code Code 1788 et seq.)
CIVIL COMPLAINT - 2

1
2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

BY PLAINTIFF JAMES CLEVENHAGEN AGAINST DEFENDANTS LEADING EDGE RECOVERY SOLUTIONS LLC AND DOES 1-5

10. Plaintiff re-alleges paragraphs 1 through 9, inclusive, and by reference hereto incorporates the same as though fully set forth herein. 11. Plaintiff is informed ,and believes and herein alleges that Defendants, and each of them, violated Cal. Civ. Code 1788.ll(b) with regards to Plaintiff in that Defendants failed to provide the identity the debt collection company in their messages to Plaintiff.

SECOND CAUSE OF ACTION FAIR DEBT COLLECTION PRACTICES ACT (15 U.S.C. 1692 et seq.) BY PLAINTIFF IAMBS CLEVENHAGEN AGAINST DEFENDANTS LEADING EDGE RECOVERY SOLUTIONS LLC AND DOES 1-5

12. Plaintiff re-alleges paragraphs 1 through 9, inclusive, and by reference hereto incorporates the same as though fully set forth herein. 13. Plaintiff is informed and believes and herein alleges that Defendants, and each of them, violated 15 U.S.C. 1692d(6) and 15 U.S.C. 1692e(ll) by: 1.) Faffing to identify the name of the debt collection company; and 2.) Failing to disclose that the call was from a debt collector and being placed in an attempt to collect a debt. 14. Plaintiff is informed and believes and herein alleges that Defendant violated 15 U.S.C. 1692d by engaging in conduct the natural consequence of which was to harass Plaintiff.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays judgment against Defendants, and each of them, actual damages being in the alternative, recovery for each cause of action as follows:

ON THE FIRST CAUSE OF ACTION CCaL Civ. Code 1788.1 D:

GIVE, COMPLAINT - 3

1
2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

1.) For statutory damages in the amount of $1,000 pursuant to Cal. Civ. Code 1788.30(b); 2.) For actual damages of $1,555.00 for legal costs in responding to unlawful collection activity pursuant to Cal. Civ. Code 1788.30(a); 3.) For prejudgment interest in an amount to be proven at time of trial; 4.) For attorney's fees pursuant to Cal. Civ. Code 1788.30(c); 5.) For the costs of this lawsuit pursuant to Cal. Civ. Code 1788.30(c); and 6.) For any other and further relief that this Court deems just and proper.

ON THE SECOND CAUSE OF ACTION (15 U.S.C. 1692 et seq.): 1.) For statutory damages in the amount of $1,000 pursuant to 15 U.S.C. 1692(k)(2); 2.) For actual damages of $1,555.00 for legal costs in responding to unlawful collection activity; 3.) For prejudgment interest in an amount to be proven at time of trial; 4.) For attorney's fees pursuant to 15 U.S.C. 1692(k); 5.) For the costs of this lawsuit; and 6.) For any other and further relief that this Court deems just and proper.

DATED: September 10, 2012

ROBERT AMADOR Attorney for Plaintiff

CIVIL COMPLAINT - 4