Sparrow

MEMORANDUM DECISION AND ORDER GRANTING PLAINTIFF’S MOTION TO DISMISS DEFENDANT’S COUNTERCLAIMS PURSUANT TO FED. R. CIV. P. 12(b)(1)

I. INTRODUCTION

Plaintiff COBRAIN SPARROW (“Plaintiff’) moves to dismiss the counterclaim of Defendant MAZDA AMERICAN CREDIT (“Defendant”). (Doc. 19, PL’s Mem.) Defendant opposes the motion. (Doc. 20, Def.’s Opp.)

II. BACKGROUND

This case arises out of Plaintiffs allegation that Defendant violated state and federal law by engaging in abusive practices in its attempts to collect a debt from Plaintiff. Cal. Civ.Code §§ 1788 et seq. (Ro-senthal Fair Debt Collection Practices Act (“RFDCPA”)); 15 U.S.C. §§ 1692 , et seq. (Fair Debt Collection Practices Act (“FDCPA”)).

Plaintiff filed the original complaint in the Superior Court of the State of California, County of Fresno, in October 2004. (Doc. 1, Notice of Removal at Ex. A, Complaint) Defendant answered Plaintiffs complaint (Doc. 6), and also filed three state law counterclaims (Doc. 7) against Plaintiff to collect the alleged underlying debt: (1) Breach of Contract; (2) Money Had & Received; and (3) Claim and Delivery.

Plaintiff now moves to dismiss Defendant’s counterclaims for lack of subject…