Baker

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT; DENYING DEFENDANT’S MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS; AND DENYING DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT

I. Overview

Plaintiff Cynthia Baker has filed a Motion for Partial Summary Judgment against Defendant California Financial Credit Association (“California Financial”). Defendant Citibank (South Dakota) N.A. (“Citibank”) has filed a Motion for Partial Judgment on the Pleadings and a Motion for Partial Summary Judgment. For the reasons stated below, the Court grants Plaintiff’s motion in part and denies it in part. The Court denies Citibank’s motions.

II. Background

Plaintiff Cynthia Baker had a good credit history until an imposter began using her name and social security number to obtain credit. Plaintiff eventually learned of the imposter’s activities and promptly notified credit reporting agencies.

Subsequently, the imposter applied for and received a credit card from Citibank in Plaintiff’s name. The imposter charged thousands of dollars to the account, but did not pay the bills. Citibank then used the services of a collection agency to seek payment from…