Robinson

Robinson v. Managed Accounts Receivables Corp.

Good Law

654 F. Supp. 2d 1051·2009 WL 2500571·2009 U.S. Dist. LEXIS 74504

United States District Court, Central District of CaliforniaAugust 4, 2009Case CV 09-01996 DDP (JCx)California6,785 words

Opinion

Pregerson, J.

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

[Motions filed on June 4, 2009.]

This matter comes before the Court on Defendants’ Motions to Dismiss and to Strike. After considering the materials submitted by the parties, the Court grants in part and denies in part the motion to dismiss and denies the motion to strike.

I. BACKGROUND

Plaintiff Hanny Robinson files this action against Defendants Managed Accounts Receivable Corporation (“Mar-Corp”), Law Offices of Corey Fitzgerald (“LOCF”), and individuals Dennis Bell, Mr. Bishop, and Deana Righettini. Bell was an employee of MarCorp, and Bishop and Righettini were employees of LOCF. (Compl. at ¶¶ 5 — 8.) Plaintiff alleges that Defendants are debt collectors who attempted to collect Plaintiffs debt. (Id. at ¶ 9.) In December 2008, Bell called Plaintiff to try to collect on Plaintiffs debt. (Id. at ¶ 10.) During this conversation, Plaintiff informed Bell that she was on active duty with the Marines, and that therefore the Servicemembers’ Civil Relief Act applied to her. (Id.) Plaintiff asked Bell to send to her home address a written validation of her account with…

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