Michael

Michael v. New Century Financial Services

Good Law
65 F. Supp. 3d 797·2014 WL 4099010·2014 U.S. Dist. LEXIS 117390
United States District Court, Northern District of CaliforniaAugust 20, 2014Case No. 13-CV-03892-BLFCalifornia5,102 words

Opinion

Lead Opinion

Freeman, J.

[Re: ECF 17]

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION

Defendants New Century Financial Services (“New Century”) and Pressler and Pressler LLP (“Pressler”) move to dismiss Plaintiff Alazar Michael’s (“Michael” or “Plaintiff’) First Amended Complaint (“FAC”). Plaintiff brings suit against Defendants alleging violations of federal and state debt collection and consumer protection statutes, arising out of a levy placed on a bank account owned by Plaintiff in order to collect on a 2001 default judgment entered against Plaintiff in New Jersey state court. Defendants move to dismiss for two reasons: (1) that the Court lacks personal jurisdiction over Defendants, pursuant to Federal Rule of Civil Procedure 12(b)(2); and (2) that the FAC fails to state a claim upon which relief can be granted, pursuant to Rule 12(b)(6).

Having reviewed the briefing and oral argument of the parties, and the governing case law, the Court GRANTS Defendants’ Motion to Dismiss pursuant to Rule 12(b)(2), finding that this Court lacks either general or specific personal jurisdiction over Defendants.

I. BACKGROUND

A. Procedural History

Plaintiff filed his FAC against…

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