Ades
Ades v. Omni Hotels Management Corp.
Opinion
Lead Opinion
Snyder, J.
Proceedings: DEFENDANT’S MOTION FOR SUMMARY JUDGMENT PUR- » SUANT TO FEDERAL RULE OF CIVIL PROCEDURE
Catherine Jeang Deputy Clerk
Laura Elias Court Reporter / Recorder
*1003 I. INTRODUCTION
Plaintiffs Steven Ades (“Ades”) and Hart Woolery (“Woolery”) filed the instant putative class action on March 15, 2013 in Los Angeles County Superior Court. Defendant in this action is Omni Hotels Management Corporation (“Omni”). Omni removed the case to this Court based on diversity of citizenship on April 8, 2013. Dkt. # 1. Plaintiffs have since sought to substitute Jonathan Murphy (“Murphy”) for Woolery as class representative.. Dkt. # 55, 59.
On April 29, 2013, plaintiffs filed the First Amended Complaint (“FAC”). The FAC asserts claims for relief pursuant to the California Invasion of Privacy Act (“CIPA”), California Penal Code § 630 et seq. In brief, these claims assert that plaintiffs called Omni’s toll-free telephone numbers and provided Omni representatives with personal information. FAC ¶¶ 16-17. Plaintiffs allege that when they placed their calls to Omni’s toll-free telephone numbers, they were not apprised that the call might be recorded. Id. Plaintiffs further allege that…