Pavone
Pavone v. Citicorp Credit Services, Inc.
Opinion
Opinion
Gonzalez, J.
ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION AND DENYING PIAIN-TIFF’S MOTION TO STAY THE FEDERAL PROCEEDING [Doc. ## 49, 60]
Two motions in this case came on regularly for hearing on June 16, 1997, the Honorable Irma E. Gonzalez presiding. Defendant Citicorp Credit Services, Inc. (“CCSI”), moved to dismiss or, in the alternative, for summary judgment. Plaintiff Benjamin Pavone moved to stay the federal proceedings.
BACKGROUND
Pavone, an attorney proceeding pro se, brings this action alleging violations of the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 -1692o (“the FDCPA”), by CCSI in attempting to collect on Pavone’s delinquent Citibank Visa account. Pavone also brings state law causes of action under the Robbins-Rosenthal Fair Debt Collection Practices Act, Cal.Civ.Code § 1788.11, and for intentional infliction of emotional distress. The currently operative complaint is the first amended complaint, filed September 20,1996.
Pavone admits that in January 1994, he became unable to make payments on his Citibank Visa account, which then had a balance of approximately $4,424.85. For about the next two years, Pavone attempted to…