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Meza v. Portfolio Recovery Associates, LLC

United States Court of Appeals, Ninth Circuit

June 22, 2017

Julia C. Meza, Plaintiff-Appellant,
v.
Portfolio Recovery Associates, LLC; Hunt & Henriques, a general partnership; Michael Scott Hunt; Janalie Ann Henriques; Anthony J. Dipiero, Defendants-Appellees.

         D.C. No. 5:14-cv-03486-LHK

          Before: William A. Fletcher and Richard C. Tallman, Circuit Judges, and Paul C. Huck, [*] District Judge.

         SUMMARY [**]

         Question Certified to California Supreme Court

         The panel certified the following question to the California Supreme Court:

Under § 98(a) of the California Code of Civil Procedure, must the affiant be physically located and personally available for service of process at the address provided in the declaration that is within 150 miles of the place of trial?

          ORDER

         We certify to the California Supreme Court the question set forth in Part II of this order. Further proceedings are stayed pending receipt of the response to the certified question, and this case is withdrawn from submission until further order of this court. If the California Supreme Court accepts the certified question, the parties will file a joint status report six months after the date of acceptance, and every six months thereafter, advising us of the status of the proceeding.

         I. Administrative Information

         Julia Meza is deemed the petitioner in this request because she appeals from the district court's ruling on this issue. The caption of the case is:

No. 15-16900
JULIA C. MEZA, Plaintiff-Appellant,
v.
PORTFOLIO RECOVERY ASSOCIATES, LLC; HUNT & HENRIQUES, a general partnership; MICHAEL SCOTT HUNT; JANALIE ANN HENRIQUES; and ANTHONY J. DIPIERO, Defendants-Appellees.

         The names and addresses of counsel are:

For Plaintiff-Appellant Julia C. Meza: Owen Randolph Bragg, Horwitz, Horwitz & Associates, 25 East Washington Street, Suite 900, Chicago, IL 60602; Raeon R. Roulston & Fred W. Schwinn, Consumer Law Center, Inc., 12 South First Street, Suite 1014, San Jose, CA 95113-2418.
For Defendants-Appellees Portfolio Recovery Associates, LLC; Hunt & Henriques, a general partnership; Michael Scott Hunt; Janalie Ann Henriques; and Anthony J. Dipiero: Tomio Buck Narita & Jeffrey Topor, Simmonds & Narita, LLP, 44 ...

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