Davis

ORDER

Plaintiff Larry Dean Davis sues defendants Midland Funding, LLC, Midland Credit Management, Inc., Brachfeld Law Group, PC, and attorney Erica Lynn Brachfeld, alleging claims under the federal Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 -1692p (“FDCPA”) and California’s Rosenthal Fair Debt Collection Practices Act, Cal. Civ.Code §§ 1788-1788.33 (“Rosenthal Act”), as well as a state law claim for malicious prosecution. The gravamen of plaintiffs complaint is that defendants wrongly attempted to collect an obligation from him that was actually owed by another person.

*920 I. FORM OF MOTION

Defendants Midland Funding and Midland Credit Management have moved for summary judgment. (ECF No. 36.) Defendants Brachfeld Law Group and Erica Lynn Brachfeld join in this motion. (ECF No. 37.) Plaintiff opposes, and also contends that this motion is more properly considered a motion to dismiss for lack of subject matter jurisdiction. (ECF No. 40.)

After the Status (Pretrial Scheduling) Conference held on April 7, the court issued an order providing, in pertinent part: “Jurisdiction ... is disputed by all defendants. Defendant shall bring on a motion for lack of jurisdiction…