Fleming

Fleming v. Gordon & Wong Law Group, P.C.

Good Law

723 F. Supp. 2d 1219·2010 WL 2802157·2010 U.S. Dist. LEXIS 79655

United States District Court, Northern District of CaliforniaJuly 15, 2010C 09-04430 JWCalifornia2,262 words

Opinion

Ware, J.

ORDER DISMISSING CASE FOR LACK OF SUBJECT-MATTER JURISDICTION

I. INTRODUCTION

Jaqueline Fleming (“Plaintiff’) brings this action against Gordon & Wong Law Group, P.C. (“Defendant”), alleging violation of the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692 et seq., violation of the Rosenthal Act (“RFDCPA”), Cal. Civ.Code § 1788 et seq., and invasion of privacy. Plaintiff alleges that Defendant violated federal and state laws by attempting to collect a debt of $1869.00 resulting from a state court Writ of Execution.

Presently before the Court is Defendant’s Motion for Summary Judgment, (hereafter, “Motion,” Docket Item No. 12.) The Court conducted a hearing on July 12, 2010. (See Docket Item No. 20.) Based on the papers submitted to date and oral argument, the Court GRANTS Defendant’s Motion and DISMISSES the action for lack of subject-matter jurisdiction.

II. BACKGROUND

A. Undisputed Facts

On December 31, 1998, a judgment of $2447.41 was entered against Plaintiff in a Santa Clara County Superior Court Case (“state court case”). On March 28, 2005, the state court issued a Writ of Execution for $1350.62 against Plaintiff. On December 24, 2008, Defendant filed an…

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