Romero

Romero v. Securus Technologies, Inc.

Good Law
216 F. Supp. 3d 1078·2016 WL 6157953·2016 U.S. Dist. LEXIS 147013
United States District Court, Southern District of CaliforniaOctober 24, 2016Case No.: 16cv1283 JM (MDD)California7,019 words

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…

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