Altais
Dave Vaccaro v. Altais
Opinion
Trial Court Opinion
O
2 3 4 5 6
United States District Court Central District of California
11 DAVE VACCARO, Case № 2:23-cv-04513-ODW (BFMx)
Plaintiff,
ORDER DENYING DEFENDANTS’
v. 14 A LTAIS et al., MOTION TO DISMISS AND MOTION TO STRIKE [8] Defendants.
16 I. INTRODUCTION Plaintiff Dave Vaccaro brings this putative class action against Defendants 19 Altais, Brown and Toland Physician Services Organization, LLC (“BTPSO”), and 20 Grain Consulting Corp. for allegedly recording telephone conversations without 21 Plaintiff’s knowledge or consent. (Notice of Removal Ex. A (“Second Am. Compl.” 22 or “SAC”), ECF No. 1-1.) Altais and BTPSO now move to dismiss Vaccaro’s SAC as 23 to themselves for failure to state a claim under Federal Rule of Civil Procedure 24 (“Rule”) 12(b)(6) or, in the alternative, to strike Vaccaro’s class allegations under 25 Rule 12(f). (Mot. Dismiss SAC (“Motion” or “Mot.”), ECF No. 8.) For the following 26 reasons, the Court DENIES Defendants’…