Pirouzian

Pirouzian v. SLM Corp.

Good Law
396 F. Supp. 2d 1124·2005 WL 2849164·2005 U.S. Dist. LEXIS 38135
United States District Court, Southern District of CaliforniaAugust 30, 200504CV2033BTMJFSCalifornia3,073 words

Opinion

Opinion

Moskowitz, J.

ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR JUDGMENT ON THE PLEADINGS AND DENYING MOTION TO STRIKE

On April 5, 2005, Defendant Sallie Mae, Inc. filed (1) a motion for judgment on the pleadings pursuant to Fed.R.Civ.P. 12(c); and (2) a motion to strike portions of the Complaint pursuant to Fed.R.Civ.P. 12(f). For the reasons stated below, the Court GRANTS IN PART AND DENIES IN PART Defendant’s motion for judgment on the pleadings and DENIES Defendant’s motion to strike.

I. BACKGROUND

The following allegations are made in the Complaint; the Court does not make any findings as to the truth of these allegations. Plaintiff is a physician who partially funded his education through federally-funded student loans. (Complaint, 1117.) Defendant is a corporation engaged in a variety of services related to student loans. Defendant is the servicer of Plaintiffs student loans. (Id.) It is unclear whether Defendant is also the lender of Plaintiffs student loans.

On a number of occasions, Plaintiff contacted Defendant by telephone and re quested a forbearance on his student loans. (Complaint, ¶ 18.) Defendant always orally agreed to grant Plaintiff a forbearance. (Complaint, ¶…

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