Citibank v. MacDonald CA6
Citibank, N.A. (Citibank) filed a collection action against Karol U. MacDonald. She responded with a cross-complaint alleging violations of the Fair Debt Collection Practices Act (15 U.S.C. § 1692 et seq.; FDCPA) and the Rosenthal Fair Debt Collection Practices Act (Civ. Code, § 1788 et seq.; Rosenthal Act). Citibank moved to strike the cross-complaint pursuant to California’s anti-SLAPP statute (Code Civ. Proc., § 425.16). The trial court denied the motion. On appeal, Citibank first argues that the trial court correctly concluded that the cross-complaint arose from protected activity and that MacDonald failed to show a probability of prevailing on her claim that Citibank pursued its collection efforts under a name other than its true name. Second, Citibank claims the trial court erred in concluding that MacDonald showed a probability of prevailing on her claim that Citibank levied on her bank accounts without informing her of the lawsuit or the judgment. Third, Citibank co
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