Joseph

ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (Docket No. 46)

A hearing was conducted on Defendant’s motion for summary judgment on September 3, 2003. Christopher Jennings of Kemnitzer, Anderson, Barron & Ogilvie appeared on behalf of Plaintiff, and Clark Garen appeared on behalf of Defendant. Based on the Court’s review of the record in this ease, as well as the moving papers, accompanying declarations and oral argument heard before the Court, the Court DENIES the motion.

I. FACTUAL BACKGROUND AND PROCEDURAL POSTURE

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 Practices 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”).…