United States District Court, E.D. California
For Rosario Alonso, Plaintiff: Francis John Gist, III, F. John Gist Law Offices, Fresno, CA; William M Krieg, Kemnizter, Barron & Krieg, LLP, Fresno, CA.
For Blackstone Financial Group, LLC, Jason Elsen, Defendants: Michael I. Goode, LEAD ATTORNEY, Attorney at Law, Irvine, CA.
Stanley A Boone, UNITED STATES MAGISTRATE JUDGE.
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT ELSEN'S MOTION TO DISMISS (ECF Nos. 42, 49, 60)
ORDER DENYING DEFENDANTS BLACKSTONE AND ELSEN'S MOTIONS FOR SUMMARY JUDGMENT
Plaintiff Rosario Alonso filed this action on October 10, 2011. (ECF No. 1.) The action is currently proceeding on the first amended complaint, filed February 26, 2013, against Defendants Blackstone Financial Group, LLC (" Blackstone" ) and Jason Elsen alleging violations of the Fair Debt Collection Practices Act (" FDCPA" ),
15 U.S.C. § 1692 et seq., and the Rosenthal Fair Debt Collection Act (" RFDCPA" ), Cal. Civ. Code § § 1788-1788.32. (ECF No. 31.)
On May 13, 2013, Defendant Elsen filed a motion to dismiss. (ECF No. 42.) Defendants Blackstone and Elsen filed separate motions for summary judgment on May 20, 2013. (ECF Nos. 43, 44.) Plaintiff filed oppositions to the motions on July 10, 2013. (ECF Nos. 49, 51, 52.) On July 18, 2013, Defendants Blackstone and Elsen filed objections and replies to Plaintiff's oppositions to their separate motions for summary judgment.  (ECF Nos. 54-59.) On July 19, 2013, the parties filed joint statements of undisputed facts. (ECF Nos. 60, 61.) A hearing on Defendants' motions was held on July 24, 2013. Counsel William Krieg and John Gist appeared for Plaintiff and counsel Michael Goode appeared telephonically for Defendants Blackstone and Elsen. Following the hearing, the parties submitted supplemental briefing on ...