Romero
Romero v. Securus Technologies, Inc.
Opinion
Lead Opinion
Miller, J.
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO DISMISS AND DENYING DEFENDANT’S MOTION TO STRIKE CLASS ACTION ALLEGATIONS
Plaintiffs Juan Romero, Frank Tiscare-no, and Kenneth Elliott, on behalf of themselves and all others similarly situated, filed a first amended complaint (“FAC”) against Defendant Securus Technologies on July 26, 2016. (Doc. No. 8.) Plaintiffs are two former inmates and a criminal defense attorney, all of whom used Defendant’s telephone systems to make calls to and from certain correctional facilities in California. Plaintiffs allege that Defendant recorded a number of attorney-client calls in violation of California law. The FAC alleges (1) violations of the California Invasion of Privacy Act (“CIPA”), Cal. Penal Code § 636 , (2) violations of California Business & Professions Code section 17200 (“section 17200”), (3) fraudulent concealment/omission, (4) fraudulent misrepresentation, (5) negligence, (6) unjust enrichment, and (7) conversion.
Defendant moves to dismiss the FAC for (1) lack of standing, (2) failure to exhaust administrative remedies, and (3) failure to state a claim. (Doc. No. 11.) Separately, Defendant also moves to strike…