Chaconas

Chaconas v. JP Morgan Chase Bank

Good Law
713 F. Supp. 2d 1180·2010 WL 1910748·2010 U.S. Dist. LEXIS 45930
United States District Court, Southern District of CaliforniaMay 10, 2010Case 09cv2479 WQH (BLM)California4,983 words

Opinion

Opinion

Hayes, J.

ORDER

The matters before the Court are the Motion to Dismiss and Motion To Strike filed by Defendant JP Morgan Chase Bank (“Chase”) on December 22, 2009. (Doc. #9).

I. Background

On September 30, 2009, Plaintiffs Peter and Lydia Chaconas initiated this action by filing a complaint in the Superior Court of California for the County of San Diego. (Doc. # 1 at 6). On November 5, 2009, Defendant Chase filed a Notice of Removal from the Superior Court to this Court. (Doc. # 1). On December 11, 2009, Plaintiff subsequently filed the First Amended Complaint. (Doc. # 14). The Court has federal diversity jurisdiction pursuant to 28 U.S.C. § 1332 .

A. Allegations of the First Amended Complaint

On April 25, 2009 Plaintiffs retained an attorney to dispute the validity of a debt Plaintiffs incurred with Chase. (Doc. # 7 ¶ 15-16). Plaintiffs also sought to “end all communications on the debt under the RFDCPA, to eliminate all personal liability on the debt via Title 11 of the United States Code, and ensure that creditors accurately and completely report account information to each credit reporting bureau,” such as that the debt was disputed. (Doc. # 7 ¶ 16,17).

Plaintiffs’ attorney sent…

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