Yates

Yates v. Allied International Credit Corp.

Good Law
578 F. Supp. 2d 1251·2008 WL 4378718·2008 U.S. Dist. LEXIS 82505
United States District Court, Southern District of CaliforniaJanuary 29, 20083:06-cr-01458California2,476 words

Opinion

Opinion

Benitez, J.

ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS CLAIMS II THROUGH V OF THE FIRST AMENDED COMPLAINT

[Doc. # 9]

I. Introduction

Plaintiff Douglas Yates (“Plaintiff’ or “Yates”) alleges violations of the California and federal fair debt collection laws, and a number of factually related state law claims. Defendant Allied International Credit Corporation (“Defendant” or “Allied”) moves to dismiss Claims II through V in the First Amended Complaint as privileged under California Civil Code § 47(b). Plaintiff opposes the motion. The Court conducted oral argument on January 28, 2008. Defendant’s motion is GRANTED in part and DENIED in part.

II. Facts

The First Amended Complaint (“FAC”) alleges as follows. Plaintiff incurred financial obligations and fell behind on the payments. (FAC, ¶¶ 20-22). The debt was transferred to Allied for collection. (FAC, ¶ 23). On or about September 15, 2005, Defendant Robert Salcedo (“Salcedo”), employed by Allied, called Plaintiffs cellular phone. (FAC, ¶ 24). Salcedo demanded payment of the debt. (FAC, ¶ 27). Yates and Salcedo engaged in a verbal dispute. (FAC, ¶ 29). Plaintiff then hung up. Id. Salcedo called the San Diego Police…

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