Nissou-Rabban
Nissou-Rabban v. Capital One Bank (USA), N.A.
Opinion
Lead Opinion
Houston, J.
INTRODUCTION
Presently before the Court are Capital One Bank (USA), N.A.'s ("Defendant" or *1142 "Capital One") Motion to Strike Portions of Plaintiff's Second Amended Complaint ("SAC') pursuant to Rule 12(f) of the Federal Rules of Civil Procedure (Doc. No. 59) and Motion to Dismiss the SAC Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure (Doc. No. 65). Plaintiff Sandy Nissou-Rabban ("Plaintiff") has also filed a Motion for Leave to File an Amended Complaint with Class Action Allegations (Doc. No. 62). The motions have been fully briefed. After careful consideration of the pleadings, and for the reasons set forth below, Plaintiff's Motion for Leave to Amend is GRANTED , Defendant's Motion to Strike is DENIED , and Defendant's Motion to Dismiss is DENIED .
BACKGROUND
In her SAC, Plaintiff alleges violations of the Fair Credit Reporting Act ("FCRA"), 15 U.S.C. §§ 1681 et seq ., and California's Consumer Credit Reporting Agencies Act ("CCRAA"), Cal. Civ. Code §§ 1785.1 et seq ., based on Defendant's alleged inaccurate reporting of debt discharged in bankruptcy and the subsequent failure to investigate Plaintiff's disputed credit report information.