Sengchanthalangsy

Sengchanthalangsy v. Accelerated Recovery Specialists, Inc.

Good Law
473 F. Supp. 2d 1083·2007 WL 479389·2007 U.S. Dist. LEXIS 12347
United States District Court, Southern District of CaliforniaFebruary 14, 200706 CV 1124 JAH BLMCalifornia2,418 words

Opinion

Opinion

Houston, J.

ORDER GRANTING DEFENDANTS’ MOTION FOR JUDGMENT ON THE PLEADINGS

Now before this Court is Defendants Collins Financial Services, Inc. and Larry Vasbinder’s (“CFS”) motion for judgment on the pleadings. Doc. No. 18. Plaintiff Khathamek Sengchanthalangsy (“Plaintiff’) and Defendants fully briefed the issues. Oral arguments were heard on February 1, 2007, with appearances by Steven Wickman for Plaintiff, and Tomio Narita for Defendants. This Court, after hearing the oral argument of counsel, took the matters under submission. After a thorough consideration of the pleadings, files and records in this case, as well as the oral argument of counsel, this Court hereby GRANTS Defendants CFS’ motion for judgment on the pleadings, and dismisses Defendants Vasbinder and Collins Financial Services without prejudice from this lawsuit.

BACKGROUND

I. Factual Background

Plaintiff Sengchanthalangsy was first contacted by “Ace Recovery Service” in 2001 claiming that Plaintiff owed a balance as a co-signer on a Household finance account. Doc. No. 4 at ¶ 16. Although Plaintiff did not think he had an outstanding balance, he gave a check-by-phone authorization. Id. After Plaintiff discovered that…

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