UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
November 5, 2012
AMERICAN EXPRESS CENTURION BANK, ET AL.
The opinion of the court was delivered by: Honorable Consuelo B. Marshall
CIVIL MINUTES - GENERAL
Present: The Honorable CONSUELO B. MARSHALL
Joseph M. Levario n/a
Deputy Clerk Court Reporter / Recorder
Attorneys Present for Plaintiffs: Attorneys Present for Defendants:
Proceedings: IN CHAMBERS/OFF THE RECORD
ORDER TO SHOW CAUSE
Plaintiff filed a First Amended Complaint ("FAC") on September 10, 2012. [Doc. No. 29.] In the FAC, Plaintiff alleges violations of the California Consumer Credit Reporting Agencies Act ("CCRAA"), Cal. Civ. Code § 1785.25(a), against all defendants. It appears to the Court that Plaintiff may have no private right of action pursuant to Cal. Civ. Code § 1785.25(a). See Pulver v. Avco Fin. Services, 182 Cal. App. 3d 622, 632 (Cal. Ct. App. 1986) ("the Legislature's apparent intent in specifying that a right of action exists against 'any person' for violation of the act (§ 1785.31, subd. (a)) was not to impose liability on a supplier of information to a credit reporting agency . . ..")
Plaintiffs are hereby ORDERED TO SHOW CAUSE by no later than November 13, 2012 why Count II of the FAC for "Violations of the CCRAA" should not be dismissed as against all defendants.
IT IS SO ORDERED.
© 1992-2012 VersusLaw Inc.