“A debt collection agency was confusing me with someone else on an unpaid debt. They were coming after me and making nasty comments when I tried to explain to them that it was not my debt. I had excellent credit, but they refused to remove the account from my credit reports and kept calling me.

Robert did a wonderful job and the case settled within a month of filing the lawsuit. I felt Robert worked very hard on my case, so my wife and I sent him a nice Christmas basket to let him know how much we appreciated his efforts.”

C. V.
Gardena, CA

Professional Affiliations:

Admitted (1992) State Bar of California
Admitted (1997) Central District of California
Admitted (1999) Southern District of California
Admitted (2001) U.S. Circuit Court of Appeals for the Ninth Circuit

Co-Chairperson (2003-04) and Member (since 2001) Programs and Publications Committee (renamed the Editorial Board of the Business Law News) of the California State Bar’s Business Law Section

Member (since 1997) National Association of Consumer Advocates (www.naca.net)

Member (since 1998) Southern California Auto Fraud Lawyers Group

Litigation:

Class Actions Certified by the Court*:

1. Rannis v. Fair Credit Lawyers, Inc., Case No.  EDCV-06-373-AG (JCx), 2007 U.S. Dist. LEXIS 17856, 19-20 (C.D. Cal., Mar. 12, 2007).  Class members are alleged victims under the federal Credit Repair Organizations Act and California Business and Professions Code § 17200 by a California attorney named Peter L. Recchia, who does business under the name Fair Credit Lawyers.  Number of class members: 74.  The Court found that Mr. Recchia violated the CROA and California UCL. Rannis v. Fair Credit Lawyers, Inc., 489 F.Supp.2d 1110 (C.D.Cal. 2007)  Subject to a possible appeal, the parties settled that Defendant Recchia would pay $600 to each class member. U.S. District Judge Andrew J. Guilford, Presiding.

2. Keener v. Sears Roebuck and Company, Case No. EDCV-03-01265-RT (SGLx) (C.D. Cal. Aug. 16, 2005).  Class members were alleged victims under the federal Fair Credit Reporting Act, in which the defendants allegedly accessed their Trans Union credit reports of former account holders, without their permission or other legal authority.  Potential number of class members: over 2 million.  U.S. Senior District Judge Robert J. Timlin, Presiding.

3. Justice v. National Check Trust, Inc., Case No. CV-02-04908-PA (RNBx) (C.D. Cal. June 10, 2003).  Class members were alleged victims of an improper notice under the federal Fair Debt Collections Practices Act and California Business and Professions Code § 17200 by a Florida-based collection agency that primarily collects bad checks.  Class size: 2253.  U.S. District Judge Percy Anderson, Presiding.

4. Doxtader v. Transworld Systems, Case No. 99cv1563TW (LSP) (S.D. Cal., Sept. 2000).  Class members were alleged victims of an improper notice under the federal Fair Debt Collections Practices Act and California Business and Professions Code § 17200 by a large collection agency.  Estimated class size: 93,000.  U.S. District Judge Thomas J. Whelan, Presiding.

Debt Collection Cases Litigated to a Court Decision:

5. Walsh v. Eskanos & Adler, Case No. CV-98-8198-DDP (Ex) (C.D. Cal. 1999). Rule 68 judgment entered against large, California debt-collection law firm; U.S. District Judge Dean D. Pregerson presiding.

6. Pflueger v. Auto Finance Group, Inc., Case No. CV‑97‑9499-CAS (CTx) (C.D. Cal. 1999).  The opinion of U.S. District Judge Christina A. Snyder ruled, in part, for plaintiffs on summary judgment against a repossession agency, which opinion is available at 1999 WestLaw 33738434 and 1999 U.S. Dist. LEXIS 16701. The matter settled confidentially with both defendants (a repossession agency and an auto finance company/bank subsidiary) afterwards.

7. Doxtader v. Transworld Systems, Case No. 99cv1563TW (LSP) (S.D. Cal. 2000).  U.S. District Judge Thomas J. Whelan entered a stipulated class-action judgment against a major debt-collection agency.  At the fairness hearing, Judge Whelan commented upon the considerable experience of Mr. Stempler and his co-counsel, O. Randolph Bragg (Chicago), and the favorable result obtained for the class in light of the attorneys’ fees awarded.

8. Justice v. National Check Trust, Inc., Case No. CV-02-04908-PA (RNBx) (C.D. Cal. 2003).  U.S. District Judge Percy Anderson entered a stipulated class-action judgment against a major debt-collection agency of bounced checks.  The matter was litigated by of Mr. Stempler and his co-counsel, O. Randolph Bragg (Chicago).

9. Hernandez v. Coast Water Systems, Inc., Case No. CV-02-9892-RGK (RCx) (C.D. Cal. 2003).  U.S. Magistrate Judge Rosalyn M. Chapman, presiding, sanctioned a defense attorney for misconduct in connection with plaintiff’s deposition subpoena of Coast, a door-to-door seller of water filter systems.  The matter then settled as to all defendants, without any other rulings.

Automobile Cases Litigated to Judgment:

10. Reyes v. Car Gallerie, Inc., Case No. CV-00-5673-MWB (BQRx) (C.D. Cal. 2000).  At the conclusion of a bench trial, U.S. Senior District Judge Wm. Matthew Byrne, Jr. issued a minute order in favor of plaintiff, awarding Truth in Lending Act’s full statutory damages and reasonable attorneys fees, with ruling on injunction deferred. The matter settled with the defendant car dealer, before a judgment on other issues was entered.

11. Buie v. Palm Springs Motors, Inc., Case No. EDCV-00-00168-VAP(MCx) (C.D. Cal. 2001).  Both sides move for summary judgment, and U.S. District Judge Virginia A. Phillips awarded plaintiff Truth in Lending Act’s statutory damages and attorneys fees, which opinion is available at 2001 U.S. Dist. LEXIS 13756 2001 WestLaw 34570064 (C.D. Cal. May 14, 2001).  The dealership appealed, and the U.S. Circuit Court of Appeals affirmed in Buie v. Palm Springs Motors, Inc., Case No. 01-56035 (9^th Cir. 2002); the memorandum opinion is available at 36 Fed. Appx. 328, 2002 WestLaw 1272128, and 2002 U.S. App. LEXIS 11046 (9^th Cir.).

12. Angel v. YFB Hemet Inc. d/b/a Villa Honda, Case No. 00CC12922 (Orange County Superior Court 2001).  Jury verdict entered for the plaintiffs: $85,000 in punitive damages awarded against the dealership and $50,000 in actual damages awarded against the financial institution (WFS Financial). Commissioner Eleanor M. Palk, Presiding, awarded restitution of $4,203.52 and issued an injunction against the dealership’s illegal practices.  Mr. Stempler represented the plaintiffs with co-counsel, the Law Offices of Dumbeck and Dumbeck. The dealership appealed the verdict and judgment to the Fourth District Court of Appeal for the State of California, Division 3 (Santa Ana), referenced as Case No. G030528. On April 30, 2004, the Court of Appeal issued an unpublished decision directing the trial court to reduce the punitive damages award to $42,000, on Constitutional grounds, but affirmed the trial court’s judgment in all other respects.  The unpublished opinion is available at 2004 WestLaw 1058180 (Cal.App. 4 Dist. 2004).

Other Experience:

Mr. Stempler has also published articles in local newspapers, appeared as a guest on several AM talk programs, lectured at the 2002 Conference on Consumer Finance Law, spoke on a panel at the 2006 National Associations of Consumer Advocates’ Fair Credit Report Act Conference, and has assisted in editing the National Consumer Law Center’s treatise entitled: “Repossessions and Foreclosures” (4^th ed.).  Mr. Stempler’s pleadings have also been made available in the National Consumer Law Center’s treatise entitled “The Practice of Consumer Law, Seeking Economic Justice” (2d ed.).

* Cases having significance, in the Attorney’s opinion, and judgments not obtained by default.

Education:

Juris Doctorate (1992) McGeorge School of Law; Sacramento , Calif.

• Recipient of McCarthy Scholarship (1991-92) for “exceptional academic ability.”

• Managing Editor (1991-92) and Author (1990-91) of the law review: The Transnational Lawyer.

Bachelor of Arts in Economics/Accounting (1984) Claremont McKenna College; Claremont, Calif.

Annual Consumer Rights Litigation Conferences, hosted by the National Consumer Law Center:

New Orleans (1997) and Auto Fraud Mini Conference

San Diego (1998) Fair Debt Collection Roundtable and Auto Fraud Mini-Conference

Washington, D.C. (1999) and Fair Debt Collection Roundtable

Oakland (2003) and Fair Debt Collection Roundtable

Conferences Sponsored by the National Association of Consumer Advocates:

Automobile Dealer Fraud Conference (1997) Minneapolis, MN

Consumer Finance and Anti-Fraud Conference (1998) Chicago, IL

Using California’s Unfair Competition Law in Consumer Cases (2002) Irvine, CA

Fair Credit Report Act Conference (2001, 2003-06) (Panelist at 2006 conference)

Other Consumer Law Education:

Regional Seminar of Trial Skills in Hunt, TX (2000) Trial Lawyers College

Identity Theft: Consumer, Creditors & Criminals (2002) State Bar Business Law Section

Unfair Business Practices (2003) Continuing Education of the Bar