Rasidescu

Rasidescu v. Midland Credit Management, Inc.

Good Law
435 F. Supp. 2d 1090·2006 WL 1467441·2006 U.S. Dist. LEXIS 36638
United States District Court, Southern District of CaliforniaMay 19, 200605CV1794 JAH (WMC)California4,522 words

Opinion

Opinion

Houston, J.

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS WITH LEAVE TO AMEND; GRANTING PLAINTIFF’S REQUEST TO STRIKE; DENYING PLAINTIFF’S REQUEST FOR FULL AUDIT AND INJUNCTION [DOC. NO. 12]

INTRODUCTION

Now before this Court is Defendants Midland Credit Management, Inc. and J. Brandon Black (collectively “Defendants”) motion to dismiss pro se Plaintiff Radu Rasidescu’s (“Plaintiff”) first amended complaint pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6). Doc. No. 12. This Court, after careful consideration of the pleadings and relevant exhibits, GRANTS Defendants’ motion to dismiss without prejudice, with leave for Plaintiff to file a second amended complaint.

BACKGROUND

1. Factual Background

On September 16, 2005, pro se Plaintiff Radu Rasidescu filed a complaint, alleging that the “Defendants, did destroy the Plaintiffs, Radu Rasidescu, Credit negligently, knowingly, willingly and maliciously.” See Cplt. at 2. The complaint also stated that “Defendants ... did destroy the Plaintiffs Radu Rasidescu. Credit (sic), its history and score.” Id. at 2. Plaintiff asked to “be awarded ... all inclusive remedies in the amount of $50,000,000.00.” Id. at 1. Plaintiff also asked for a preliminary…

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