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14-17571 - Eduardo De La Torre, et al v. CashCall, Inc.


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14-17571 - Eduardo De La Torre, et al v. CashCall, Inc.
April 21, 2017
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Filed Order for PUBLICATION Certifying Question to the California State Supreme Court (A. WALLACE TASHIMA, ANDREW D. HURWITZ and LYNN S. ADELMAN) The central issue in this case is whether the interest rates on consumer loans of $2500 or more that are governed by California Finance Code § 22303, which provides no interest rate limitations on such loans, can be deemed unconscionable under California Finance Code § 22302 and thus be the predicate for a private cause of action under the California Unfair Competition Law (“UCL”). The answer to this question could determine the outcome of this matter and there is no controlling precedent. We therefore respectfully request that the California Supreme Court exercise its discretion to decide the certified question presented below. See Cal. R. Ct. 8.548(a). Absent certification, we will “predict as best we can what the California Supreme Court would do in these circumstances.” Pacheco v. United States, 220 F.3d 1126, 1131 (9th Cir. 2000). (SEE ORDER FOR FULL TEXT) The clerk of this court is hereby directed to file in the California Supreme Court, under official seal of the United States Court of Appeals for the Ninth Circuit, copies of all relevant briefs and excerpts of record, and an original and ten copies of this order and request for certification, along with a certification of service on the parties, pursuant to California Rule of Court 8.548(c) and (d). This case is withdrawn from submission. Further proceedings are stayed pending final action by the California Supreme Court. The panel will resume control and jurisdiction of this case upon receiving a decision from the California Supreme Court answering the certified question or upon that court’s decision to decline our request to answer the certified question. [10405389] [14-17571, 15-15042]