Burton

Burton v. Peak Campus California, Inc.

Good Law
United States District Court, Northern District of CaliforniaJuly 21, 20203:19-cv-08341California559 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

RICHARD BURTON, et al., Case No. 19-cv-08341-VC

Plaintiffs,

ORDER REMANDING CASE TO

v. STATE COURT

PEAK CAMPUS CALIFORNIA, INC.

Defendants.

The plaintiffs in this case lack Article III standing to pursue any of their claims as alleged in their complaint. As the remaining defendant points out, the plaintiffs lack standing to seek prospective injunctive relief because they do not allege any likelihood of future harm. See City of Los Angeles v. Lyons, 461 U.S. 95, 103 (1983). But they also do not adequately articulate any harm deriving from the defendant’s alleged past violations of California statutory provisions setting out mandatory procedures for investigative consumer reporting agencies and those who request consumer reports. The complaint alleges that the defendant failed, among other things, to make certifications about how consumer information would be used and to provide the plaintiffs with copies of their consumer reports, as required by certain provisions of California’s Investigative Consumer Reporting Agencies Act. See Cal. Civ. Code § 1786, et. seq. It seems likely…

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