Rubio

Rubio v. Capital One Bank (USA), N.A.

Good Law

572 F. Supp. 2d 1157·2008 WL 3863878·2008 U.S. Dist. LEXIS 89485

United States District Court, Central District of CaliforniaAugust 11, 2008CV 07-6766 ABC (CWx)California5,697 words

Opinion

Collins, J.

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS PURSUANT TO FED. R. CIV. P. 12(b)(6)

Pending before the Court is Defendant Capital One’s Motion to Dismiss Second Amended Complaint and to Strike, filed on May 19, 2008. Plaintiff Raquel Rubio filed an Opposition on June 9, 2008, and Defendant filed a Reply on June 23, 2008. Oral argument was heard on August 11, 2008. Upon considering the materials submitted by the parties, the arguments of counsel, and the case file, the Court hereby GRANTS Defendant’s Motion to Dismiss.

I. FACTUAL AND PROCEDURAL BACKGROUND

This" class action lawsuit arises out of Plaintiff Raquel Rubio’s (“Plaintiff’) contention that Defendant Capital One Credit Services, Inc.’s (“Defendant”) wrongfully raised the annual percentage rate (“APR”) oh the credit card it issued to her. On March 13, 2008j the Court issued an Order (“March 13 Older”) dismissing with prejudice Plaintiffs breach of contract claim. Thereafter, Plaintiff filed a Second Amended Complaint (“SAC”) refashioning her claim one for violations of the Truth in Lending Act (“TILA”) 15 U.S.C. § 1601 et seq., and for violations of California’s Unfair Competition Law, California Business & Professions…

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