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Deana Lewis, On Behalf of Herself and Others Similarly Situated v. Trans Union

April 16, 2013

DEANA LEWIS, ON BEHALF OF HERSELF AND OTHERS SIMILARLY SITUATED,
PLAINTIFF,
v.
TRANS UNION, LLC AND DOES 1-500,
DEFENDANTS.



The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge

ORDER ON MOTION TO DISMISS (Doc. 7)

PRELIMINARY STATEMENT TO PARTIES AND COUNSEL

Judges in the Eastern District of California carry the heaviest caseload in the nation, and this Court is unable to devote inordinate time and resources to individual cases and matters. This Court cannot address all arguments, evidence and matters raised by parties and addresses only the arguments, evidence and matters necessary to reach the decision in this order given the shortage of district judges and staff. The parties and counsel are encouraged to contact the offices of United States Senators Feinstein and Boxer to address this Court's inability to accommodate the parties and this action. The parties are required to consider consent to a Magistrate Judge to conduct all further proceedings in that the Magistrate Judges' availability is far more realistic and accommodating to parties than that of U.S. District Judge Lawrence J. O'Neill who must prioritize criminal and older civil cases.

INTRODUCTION

Plaintiff Deana Lewis ("Lewis") brought this purported class action for violation of the California Credit Reporting Agencies Act ("CCRAA"), Cal. Civ. Code § 1785.1 et seq., against defendant Trans Union, LLC ("TransUnion") in Fresno County Superior Court. TransUnion removed this action to this Court and filed the instant motion to dismiss Lewis' complaint pursuant to Fed. R. Civ. P. 12(b)(6) for failure to state a claim. For the reasons discussed below, this Court GRANTS with leave to amend TransUnion's motion to dismiss Lewis' complaint.

BACKGROUND

A.Lewis' Allegations

On or around July 28, 2012, Lewis received a document entitled "Your Credit Report" from TransUnion that shows an entry for an account with "Sears/CBNA" and another entry for an account with "LVNV Funding LLC." By matching data fields, Lewis determined that those two accounts represent the same debt.

Lewis alleges that such "double reporting" of the same account demonstrates that TransUnion does not have in place "reasonable procedures to assure maximum possible accuracy of the information" in its credit reports in violation of the CCRAA § 607(b), Cal. Gov. Code 1785.14(b). Lewis further alleges that such "double reporting" is routine and systematic and occurs in many California consumers' credit reports.

Lewis purports to bring this action on behalf of all California consumers who have been subject to such errors as a result of TransUnion's alleged noncompliance with CCRAA § 607(b). Lewis seeks actual and statutory damages as well as attorney's fees and brings a separate cause of action for declaratory and injunctive relief.

B.Procedural History

On January 4, 2013, Lewis brought this action in the Fresno County Superior Court.

TransUnion timely removed this action to this Court on February 13, 2013 on the basis of diversity jurisdiction. On February 20, 2013, TransUnion filed the instant motion to dismiss Lewis' complaint pursuant to Fed. R. Civ. P. 12(b)(6) for failure to state a claim. Lewis filed an ...


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