Limon

Limon v. Circle K Stores

Good Law
Court of Appeal of CaliforniaOctober 25, 2022F082289California12,003 words

Opinion

Opinion

Snauffer, J.

INTRODUCTION

Appellant Ernesto Limon appeals from a judgment of dismissal entered in favor of respondent Circle K Stores Inc. (Circle K) and against Limon after the trial court sustained Circle K’s demurrer to Limon’s CLASS ACTION COMPLAINT (complaint) without leave to amend. We affirm the judgment. Briefly summarized, Limon’s complaint alleges Circle K violated the Fair Credit Reporting Act (FCRA) (15 U.S.C. § 1681 et seq.)1 by failing to provide him with proper FCRA disclosures when it sought and received his authorization to obtain a consumer report2 about him in connection with his application for employment, and by actually obtaining the consumer report in reliance on that authorization. Prior to filing his complaint in state court, Limon brought suit in federal district court on the same substantive claims.3 The district court dismissed the federal action without prejudice in connection with a motion for summary judgment and related motion for reconsideration brought by Circle K, finding Limon lacked standing under article III, section 2 of the United States Constitution. When Limon filed his complaint in state court, Circle K demurred to each cause of action on grounds…

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