Gabriel Moran v. the Screening Pros, LLC

I. BACKGROUND

A. Relevant Facts and Early Procedural History

In February 2010, Plaintiff submitted a housing application to Maple Square, a low-income housing development in Fremont, California. Maple Square hired Defendant, a now defunct credit reporting agency (“CRA”), to conduct a background check on Plaintiff. The housing application was denied after Maple Square received the

1 Unless otherwise noted, citations to statutes in this opinion refer to Title 15 of the United States Code.

MORAN V. THE SCREENING PROS

background check (“the Report”) prepared by Defendant. The Report, dated February 5, 2010, revealed that Plaintiff had three dismissed criminal charges and a conviction. The conviction and two of the dismissed charges were filed in 2006, well within the seven-year period. But, importantly, the oldest dismissed charge (the “2000 Charge”) was filed in 2000 and dismissed in 2004.

Plaintiff claimed, among other things, that the inclusion of the 2000 Charge in the Report was unlawful. Plaintiff filed suit in California state court on February 2, 2012, pleading causes of action under state law. On June 7, 2012, Plaintiff filed a First Amended…