Swain

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS; DENYING MOTION TO STRIKE

I. INTRODUCTION

Juanita Swain (“Plaintiff’) brings this action against CACH, LLC (“CACH”), Hollins Schechter, LLP (“HS”), Rudy Gaba, Jr. (“Gaba”), and Vanessa Martinez (“Martinez”) (collectively, “Defendants”), alleging, inter alia, violation of the federal Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 , et seq. and unfair business practices in violation of California Business and Professions Code §§ 17200, et seq. Plaintiff alleges that Defendants sued to collect a deficiency on a defective Notice of Intent and misrepresented the debts as credit card obligations.

Presently before the Court are Defendants’ Motion to Dismiss Plaintiffs Complaint and Defendants’ Motion to Strike. The Court conducted a hearing on June 29, 2009. Plaintiff was represented by counsel. No one appeared on Defendants’ behalf. Based on the papers submitted to date and oral argument, the Court GRANTS in part and DENIES in part Defendants’ Motion to Dismiss and DENIES Defendants’ Motion to Strike.

II. BACKGROUND

In a Complaint filed on March 20, 2009, Plaintiff alleges as follows:

On the basis of…