Mathews

Mathews v. Government Employees Insurance

Good Law

23 F. Supp. 2d 1160·1998 WL 690584·14 I.E.R. Cas. (BNA) 741·1998 U.S. Dist. LEXIS 15512

United States District Court, Southern District of CaliforniaSeptember 17, 1998Civ. 96-1850-BCalifornia3,093 words

Opinion

Brewster, J.

ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT, AND GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION FOR SUMMARY ADJUDICATION

I. Introduction

Donna K. Mathews (“Plaintiff’) brings this class action against Government Employees Insurance Co. (“GEICO,” also “Defendant”) and Does 1-30 on behalf of purportedly more than 800 individuals who have applied to GEICO for employment and whose employment was denied without advising them that the decision was based on consumer credit reports. Plaintiffs First Amended Complaint seeks the following relief: (1) compensatory and punitive damages for violations of the federal Fair Credit Reporting Act (FCRA), 15 U.S.C. §§ 1681 , 1681a-1681t, committed by Defendant’s failure to give applicants notice of the use of credit reports for adverse action and of their rights regarding such use; (2) injunctive relief requiring Defendant to cease its unlawful, unfair, and fraudulent business practices pursuant to California Business and Professions Code § 17200; (3) general damages based upon common law negligence; and (4) costs and attorney’s fees.

Plaintiff filed her original complaint in California Superior Court on October 18, 1996.…

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