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Dan Bongino stepping down as FBI deputy director; VA braces for premium hikes as GOP denies vote extending tax credits; Line 5 fight continues as tribe sues U.S. Army Corps; Motion to enjoin TX 'Parental Bill of Rights' law heads to federal court.

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House Democrats gain support for forcing a vote on extending ACA subsidies. Trump addresses first-year wins and future success and the FCC Chairman is grilled by a Senate committee.

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States are waiting to hear how much money they'll get from the Rural Health Transformation Program, the DHS is incentivizing local law enforcement to join the federal immigration crackdown and Texas is creating its own Appalachian Trail.

Consumer Groups Oppose Changes to Court Rules in CA

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Monday, July 10, 2023   

Consumer groups in California are speaking out against a proposed bill which would change the amount you can sue or be sued over in limited-jurisdiction civil court cases, but does not boost the number of depositions you can request.

The type of court in the bill, sponsored by Sen. Tom Umberg, D-Santa Ana, is often used by collection agencies to pursue debtors but is also used by consumers or small businesses in fraud cases.

Jim Sturdevant, a longtime consumer attorney, used it to win a groundbreaking case against the company Cash Call, forcing reform in the consumer loan business. He argued Senate Bill 71 is tilted against consumers.

"Sen. Umberg's bill, as I understand it, is only supported by the California debt-collector organization," Sturdevant pointed out. "It's opposed by consumer groups in California and nationwide. It's opposed by legal-aid organizations. It's opposed even by the Chamber of Commerce."

The bill has already passed the state Senate and has a hearing Tuesday before the Assembly Judiciary Committee. The amount at issue in limited-jurisdiction courts would change from $25,000 to $35,000, and it would raise the limit in small claims court from $10,000 to $12,500.

Umberg said he is trying to give more consumers access to a court where they cannot be buried in discovery by large companies.

"Raising the amount on limited jurisdiction will help to ensure that resources don't determine the outcome of litigation, but that the merits of the case have an opportunity to be heard," Umberg explained.

However, Sturdevant countered with higher limits, there should be more depositions and questions allowed, so the consumer's attorney can find and prove the company's pattern of bad behavior.

"Whether it's an unlawful business practice, whether it's an unconscionable loan contract, or some other contract that has other unconscionable terms, the consumer, represented by a lawyer, needs to have a variety of discovery measures available in order to prove the case," Sturdevant contended.


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