Stassinos

Palmer v. Stassinos

Good Law

348 F. Supp. 2d 1070·2004 WL 2937216·2004 U.S. Dist. LEXIS 25566

United States District Court, Northern District of CaliforniaDecember 14, 2004C-04-03026 RMW, C-04-03027 RMW, C-04-03237 RMWCalifornia9,301 words

Opinion

Whyte, J.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO DISMISS

GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS

Defendants have moved to dismiss claims in the following three related cases: Palmer v. Stassinos, C 04-03026 RMW; Palmer v. Far West Collection Services, Inc., C 04-03027 RMW; and Palmer v. I.C. System, C 04-03237 RMW. The motions are not identical, however, they present nearly identical, overlapping issues. The court addresses the parties’ arguments in this consolidated order, which will be issued in each of the three cases.

Defendants’ motions to dismiss plaintiffs’ complaints were heard on November 19, 2004. For the reasons set forth below, the court grants in part and denies in part the defendants’ motions.

I. BACKGROUND

Plaintiff Susanne Palmer (“Palmer”) sued three different defendants on behalf of herself and others similarly situated alleging violations of (1) the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692 et seq., and (2) the California Unfair Competition law (“UCL”), Cal. Bus. & Prof.Code §§ 17200 et seq. In one of the three actions, Palmer v. Stassinos, Palmer is joined by a co-plaintiff, Sharon Hammer…

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