17-CLJ-03311 SFM-6 LLC VS. FELICIA BRADLEY, ET AL.

SFM-6 LLC SCOTT D. CARRUTHERS

FELICIA BRADLEY JAMES A. MICHEL

DEFENDANT’S MOTION TO STAY ACTION PENDING DECISION BY CALIFORNIA SUPREME COURT

· GRANTED. Defendant Felicia Bradley’s unopposed Motion To Stay Action is Granted. See Landis v. North American Co.(1936) 299 U.S. 248 [Cardozo, J.].

· This is a collection action in which Plaintiff SFM-6LLC, an assignee of CashCall seeks payment of a $2600 loan, claiming an unpaid balance of $7,962 based on the accrual of a high rate of interest since the time of default. Plaintiff thus seeks recovery of an amount in excess of three times the original loan principal. Defendant has pled that the loan is unconscionable as an affirmative defense.

· Currently before the California Supreme Court is a case involving the same loan agreement on which Plainitff sues, in which that Court will be addressing substantially similar unconscionability issues.

· Accordingly, this action is hereby stayed pending the outcome of proceedings in the California Supreme Court in De La Torre v. CashCall Case No. S241434, or until further Order of this Court.