MORAN v. SCREENING PROS, LLC

No. 12-57246.

943 F.3d 1175 (2019)

Gabriel Felix MORAN, Plaintiff-Appellant, v. The SCREENING PROS, LLC, a California corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 14, 2019.

Amended November 21, 2019.


Attorney(s) appearing for the Case

Deepak Gupta and Peter Conti-Brown , Gupta Beck PLLC, Washington D.C.; Meredith Desautels , Lawyers' Committee for Civil Rights of the San Francisco Bay Area, San Francisco, California; Joshua E. Kim , A New Way of Life Reentry Project, Los Angeles, California; Devin H. Fok , Law Offices of Devin H. Fok, Alhambra, California; Craig Davis , Law Offices of Craig Davis, San Francisco, California; for Plaintiff-Appellant.

Michael J. Saltz , Colby A. Petersen , and Blair Schlecter , Jacobson Russell Saltz Nassim & de la Torre LLP, Los Angeles, California, for Defendant-Appellee.

Keith Bradley and Nandan M. Joshi , Attorneys; David M. Gossett , Assistant General Counsel; To-Quyen Truong , Deputy General Counsel; Meredith Fuchs , General Counsel; Consumer Financial Protection Bureau, Washington, D.C.; Theodore (Jack) Metzler , Attorney; John F. Daly , Deputy General Counsel for Litigation; Jonathan E. Neuchterlein , General Counsel; Office of the General Counsel, Federal Trade Commission, Washington, D.C.; for Amici Curiae Consumer Financial Protection Bureau and Federal Trade Commission.

Alison S. Hightower and Rod M. Fliegel , Littler Mendelson P.C., San Francisco, California, for Amicus Curiae National Multifamily Resident Information Council.

Karen K. McCay and Helene Simvoulakis-Panos , Pahl & McCay APLC, San Jose, California, for Amicus Curiae California Apartment Association.

Tanya Koshy , East Bay Community Law Center, Berkeley, California, for Amici Curiae East Bay Community Law Center; Asian Americans Advancing Justice — Asian Law Caucus; American Civil Liberties Union of Southern California; Bay Area Legal Aid; The California Reinvestment Coalition; The Center for Employment Opportunities; Drug Policy Alliance; Ella Baker Center; The University of California Hastings Civil Justice Clinic; Housing and Economic Rights Advocates; Legal Action Center; Legal Services for Prisoners with Children; The National Consumer Law Center; The National Employment Law Project; The National Housing Law Project; Public Good; Rubicon Programs; and Safer Foundation.

Partial Concurrence and Partial Dissent by Judge Kleinfeld


ORDER

The opinion filed on May 14, 2019, is amended by the opinion and dissent filed concurrently with this order. The amendment to the opinion is as follows:

1. On page 1185 of the slip opinion, the second full paragraph, replace:

For the cited reasons, we hold that the seven-year reporting window for a criminal charge begins on the date of entry. We additionally hold that the dismissal of a charge does not constitute an adverse item and may not...

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