Wheeler

Wheeler v. Premiere Credit of North America, LLC

Good Law
80 F. Supp. 3d 1108·2015 WL 222459·2015 U.S. Dist. LEXIS 5129
United States District Court, Southern District of CaliforniaJanuary 14, 2015Case No. 3:13-cv-1746-GPC-NLSCalifornia3,802 words

Opinion

Lead Opinion

Curiel, J.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

I.INTRODUCTION

Before the Court is Defendant Premiere Credit of North America, LLC’s (“Defendant”) Motion for Summary Judgment. (ECF No. 15.) Plaintiff Robert Wheeler (“Plaintiff’) opposes. (ECF No. 18.)

The parties have fully briefed the motion. (ECF Nos. 15, 18, 20.) The Court finds the motion suitable for disposition without oral argument pursuant to Civil Local Rule 7.1(d)(1). Upon review of the moving papers, admissible evidence, and applicable law, the Court finds that the FDCPA provisions alleged by Plaintiff are not preempted and that Plaintiff has withdrawn his RFDCPA cause of action. Accordingly, the Court GRANTS IN PART AND DENIES IN PART Defendant’s Motion for Summary Judgment.

II.PROCEDURAL HISTORY

On June 11, 2013, Plaintiff filed a complaint in state court alleging two causes of action: (1) violation of the Fair Debt Collection Practices Act (“FDCPA”), and (2) violation of the Rosenthal Fair Debt Collection Practices Act (“RFDCPA”). (ECF No. 1-1, Ex. A.) On July 26, 2013, Defendant removed this case from state court to the United States District Court for the Southern District of…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.