United States District Court, C.D. California
Ronald J. O'Donnell, et al.
Chase Bank USA, NA, et al.
JESUS G. BERNAL, District Judge.
Proceedings: Order (1) GRANTING Defendants' Motion to Dismiss the First Amended Complaint; (2) DISMISSING the First Amended Complaint WITHOUT PREJUDICE; and (2) VACATING the July 20, 2015 Hearing (IN CHAMBERS)
Before the Court is Defendants' Motion to Dismiss the First Amended Complaint. (Doc. No. 54.) The Court considers this matter is appropriate for resolution without a hearing, see Local Rule 7-15; Fed.R.Civ.P. 78, and VACATES the July 20, 2015 hearing. After considering all papers timely filed in support of and in opposition to Defendants' motion, the Court GRANTS the motion and DISMISSES WITHOUT PREJUDICE the First Amended Complaint.
A. Procedural Background
On September 10, 2014, Plaintiffs Ronald J. O'Donnell ("Mr. O'Donnell") and Jerrod S. Fish ("Fish") (collectively, "Plaintiffs") filed a Complaint in California Small Claims Court against Defendant Chase Bank USA NA ("Chase Bank"). ("Compl., " Doc. No. 1, Ex. A, Doc. No. 1-1.) Because the one-paragraph Complaint stated a federal question, Defendant removed to this Court on October 8, 2014. (Not. of Removal, Doc. No. 1.)
The Court granted Plaintiffs' unopposed motion for leave to amend and docketed Plaintiffs' First Amended Complaint on April 28, 2015. ("FAC, " Doc. No. 36.) The First Amended Complaint raises claims against the following Defendants: Chase Bank USA NA, JPMorgan Chase & Co. ("JPMorgan"), Chase BankCard Services, Inc. ("Chase BankCard"), CMC Holding Delaware, Inc. ("CMC Holding"), and J.P. Equity Holding, Inc. ("J.P. Equity") (collectively, "Defendants"). As discussed below, the FAC sets forth eight causes of action. The FAC also adds Vanessa K. O'Donnell ("Ms. O'Donnell") as a third plaintiff in this case. (FAC ¶¶ 5-6.)
Defendants filed a Motion to Dismiss the First Amended Complaint on May 13, 2015. ("Motion, " Doc. No. 54.) Plaintiffs O'Donnell and Fish opposed the motion on June 1, 2015. ("Opp'n, " Doc. No. 59.) Defendants filed their reply brief on June 5, 2015. ("Reply, " Doc. No. 62.)
On June 10, 2015, Jerrod Fish voluntarily dismissed his claims against Defendants with prejudice. (Doc. No. 64.) Accordingly, only Ronald O'Donnell and Vanessa O'Donnell remain as Plaintiffs in this case.
B. Factual Background
The FAC asserts the following eight causes of action, each of which is apparently alleged against all Defendants:
(1) Fraud in the Concealment under the California Unfair Competition Law (the "UCL"), California Business and Professions Code § 17200, et seq.;
(2) Fraud in the Inducement;
(3) Intentional Infliction of ...