Marcotte

Marcotte v. General Electric Capital Services, Inc.

Good Law
709 F. Supp. 2d 994·2010 U.S. Dist. LEXIS 38772
United States District Court, Southern District of CaliforniaApril 20, 2010Case 08cv1766 BTM (WMc)California3,856 words

Opinion

Opinion

Moskowitz, J.

ORDER GRANTING MOTION FOR JUDGMENT ON THE PLEADINGS

Defendant GE Money Bank, FSB (“GEMB”) has filed a Motion for Judgment on the Pleadings [Doc. 54]. Plaintiff has also filed an Ex-Parte Motion to Amend the Scheduling Order [Doc. 60]. For the following reasons, the Court GRANTS Defendant’s Motion for Judgment on the Pleadings and DENIES as moot Plaintiffs Ex-Parte Motion..

I. BACKGROUND

Plaintiff allegedly owes Defendants a consumer debt. In early 2008, Plaintiff retained the Doan Law Firm to help him resolve his debts and file for bankruptcy. The Doan Firm sent Defendants a letter in January 2008, telling Defendants that the firm represented Plaintiff and to send all future communications to the firm. But in April and May of 2008, Defendants sent Plaintiff two billing statements. Plaintiff claims that by sending these two statements, Defendants violated the California Rosenthal Fair Debt Collection Practices Act (“CFDCPA”), which prohibits certain communications by creditors to debtors represented by counsel.

II. LEGAL STANDARD

The same standard governs both Rule 12(c) motions for judgment on the pleadings and Rule 12(b)(6) motions to dismiss. Dworkin v. Hustler Magazine,…

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