Rosales

ORDER DENYING DEFENDANTS’ MOTION TO STRIKE PORTIONS OF PLAINTIFF’S COMPLAINT

I. INTRODUCTION

Plaintiff Ramiro Rosales filed the present action in California Superior Court alleging claims under the Electronic Funds Transfer Act, 15 U.S.C. § 1693 , and California’s Unfair Business Practices Act, California Business & Professions Code § 17200. Defendant Citibank, Federal Savings Bank (“Citibank”) removed the action to federal court on December 28, 2000, pursuant to 28 U.S.C. § 1441 (b). The parties have consented to the assignment of this action to a United States Magistrate Judge pursuant to 28 U.S.C. § 636 (c). Citibank now moves to strike several allegations in the complaint, specifically those allegations in which Plaintiff seeks restitu-tionary relief and the allegations made on behalf of members of the general public. The motion was fully briefed by the parties and regularly came on for hearing before the court on February 13, 2001.

Having considered the papers submitted by the parties and the arguments of counsel at the hearing, Defendants’ motion to strike is DENIED.

II. FACTUAL BACKGROUND

The following facts are alleged in the complaint: Mr. Rosales opened Citibank…