Biggs
Biggs v. Experian Information Solutions, Inc.
Opinion
Lead Opinion
Davila, J.
ORDER GRANTING DEFENDANT’S MOTION TO DISMISS
Plaintiff Victoria Biggs (“Plaintiff’) brings this action for alleged violations of the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681s-2(b), and the California Consumer Credit Reporting Agencies Act, California Civil Code § 1785.25(a) against several defendants, including Bank of America, N.A. Federal jurisdiction arises pursuant to 28 U.S.C. § 1331 . Presently before the court is Bank of America’s motion to dismiss Plaintiffs Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). Dkt. No. 15. Plaintiff opposes the motion.
This matter is suitable for decision without oral argument pursuant to Civil Local Rule 7-l(b), and the hearing scheduled for September 29, 2016, is VACATED. Having carefully considered the pleadings filed by the parties, the court finds, concludes and orders as follows:
1. On a Rule 12(b)(6) motion to dismiss for failure to state a claim, the complaint is construed in the light most favorable to the non-moving party, and all material allegations in the complaint are taken to be true. Sanders v. Kennedy, 794 F.2d 478, 481 (9th Cir.1986). The alleged facts “must be enough to raise a right to relief…