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Mitchell Lane Culliton v. Select Financial Services

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION


May 17, 2012

MITCHELL LANE CULLITON, PLAINTIFF,
v.
SELECT FINANCIAL SERVICES, INC.,
DEFENDANT.

The opinion of the court was delivered by: Judge: Hon. John A. Mendez

ORDER GRANTING DEFENDANT'S MOTION TO DISMISS

DATE: May 2, 2012 TIME: 9:30 a.m.

CRTRM: 6, 14th Floor

Defendant Select Financial Services, Inc.'s motion to dismiss plaintiff Mitchell Lane Culliton's First Amended Complaint was heard on May 2, 2012. Andrew Steinheimer appeared on behalf of defendant Select Financial Services, Inc. Nicholas Bontrager appeared on behalf of plaintiff Mitchell Lane Culliton. Having considered the moving papers, opposition, and reply, as well as the matters on file with the court and the oral argument of counsel, the Court ruled as follows:

Defendant's motion to dismiss is granted.

With respect to plaintiff's claims under 15 U.S.C. § 1692c(a)(1), 1692f, 1692f(1), California Civil Code § 1788.11(e) and California Business & Professions Code § 17200, plaintiff has withdrawn these claims in his opposition brief and, thus, the motion is granted with respect to these claims with 1 prejudice.

For all of the reasons stated by the Court at the hearing on this matter, Plaintiff's claims under 3 15 U.S.C. § 1692d(5) and California Civil Code § 1788.11(d) are also dismissed with prejudice.

4 For all of the reasons stated by the Court at the hearing on this matter, Plaintiff's claim under 5 15 U.S.C. § 1692d is hereby dismissed. However, the Court cannot state on this record that plaintiff 6 can plead no set of facts to state a claim under 15 U.S.C. § 1692d and, therefore, this claim is 7 dismissed with leave to amend.

8 Plaintiff has 20 days from May 2, 2012 to file a Second Amended Complaint, if appropriate.

9 IT IS SO ORDERED.

Honorable John A. Mendez United States District Court Judge

20120517

© 1992-2012 VersusLaw Inc.



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