Campos

ORDER GRANTING PLAINTIFF’S MOTION TO DISMISS DEFENDANT WESTERN’S “CONDITIONAL” COUNTERCLAIM AND DENYING WITHOUT PREJUDICE PLAINTIFF’S MOTIONS FOR LEAVE TO AMEND COMPLAINT AND CLASS CERTIFICATION

Plaintiff Nancy Campos (“plaintiff’) has sued defendants Western Dental Services, Inc. and one of its employees, Jennifer Roth (“defendants”) under the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. §§ 1692 et seq., and California’s Rosenthal Fair Debt Collection Practices Act (“the Rosenthal Act”), Cal. Civ.Code §§ 1788 et seq. Defendant Western filed a “conditional” counterclaim against plaintiff and the putative class for breach of contract. Plaintiff moves to (1) dismiss the counterclaim for lack of subject matter jurisdiction, (2) amend her complaint to redefine the class and (3) certify the redefined class. Defendants oppose the motions. The court has read the moving and responding papers and considered the arguments of counsel. For the reasons set forth below, the court (1) grants plaintiffs motion to dismiss defendant Western’s “conditional” counterclaim; (2) denies without prejudice plaintiffs motion for leave to amend her complaint to define the class as Santa Clara…