Joseph

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO DISMISS OR IN THE ALTERNATIVE FOR SUMMARY JUDGMENT (Docket No. 2 and No. 3)

Plaintiff, a San Francisco resident, brought suit alleging five causes of action against the Defendant, a debt collection agency located in Riverside County, California, in connection with Defendant’s efforts to collect on debts owed by Plaintiff for patient care at San Francisco General Hospital. Plaintiff alleges: (1) violation of the Rosenthal Fair Debt Collection Prac tices Act (California Civil Code § 1788 et seq.); (2) violation of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 ; (3) an invasion of privacy; (4) tort-in-se; and (5) violation of Cal; Business and Professions Code § 17200 et seq. First Amended Complaint (hereinafter “FAC”). Plaintiff Ruby Joseph (hereinafter referred to as “Joseph” or “Plaintiff’) sought injunctive relief, restitution and damages. Id.

The suit was initiated in the San Francisco Superior Court on May 2, 2002. On June 10, 2002, defendant J.J. Mac Intyre Companies, L.L.C. (hereinafter referred to as “Defendant”) removed this matter to federal court pursuant to 28 U.S.C. §§ 1357 and 1367. Both…