Hodge
Hodge v. Travel + Leisure Co.
Opinion
trial_court Opinion
1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 SAN JOSE DIVISION 6 7 VERNICKY V. HODGE, Case No. 5:24-cv-06116-EJD
8 Plaintiff, ORDER GRANTING MOTION TO
DISMISS WITH LEAVE TO AMEND
9 v.
10 TRAVEL + LEISURE CO., Re: ECF No. 30 Defendant. 11
12 Plaintiff Vernicky Hodge filed this lawsuit in response to allegedly harassing calls from 13 Defendant Travel + Leisure Co. According to Hodge, Defendant called multiple times a day to 14 collect on late timeshare payments in violation of both the Telephone Consumer Protection Act 15 (TCPA) and the Rosenthal Fair Debt Collection Practices Act (RFDCPA). Defendant moved to 16 dismiss Hodge’s claims under Rule 12(b)(6). The Court finds Defendant’s motion suitable for 17 decision without oral argument and therefore VACATES the upcoming motion hearing. See L.R. 18 7-1(b). Because Hodge has not pled facts showing that the TCPA or RFDCPA apply, the Court 19 GRANTS Defendant’s motion WITH LEAVE TO AMEND. 20 I. BACKGROUND 21 Around 2020, Hodge purchased…