Schmitt
Schmitt v. SN Servicing Corporation, an Alaska Corporation
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DESIREE SCHMITT, et al., Case No. 21-cv-03355-WHO
Plaintiffs,
ORDER GRANTING IN PART AND
v. DENYING IN PART MOTION TO
DISMISS
SN SERVICING CORPORATION, AN ALASKA CORPORATION, Re: Dkt. No. 35 11 Defendant.
12 Plaintiff Desiree Schmitt brings this lawsuit against defendant SN Servicing Corporation (“SNSC”) on behalf of a nationwide class of impacted borrowers for claims arising out of a data breach incident that occurred on SNSC’s system in late 2020, of which SNSC did not notify its customers for three months. SNSC has filed a motion to dismiss Schmitt’s First Amended Complaint (“FAC”), which is GRANTED in part and DENIED in part, with leave to amend. The motion is GRANTED with prejudice on Schmitt’s invasion of privacy claim because she has not adequately alleged egregious conduct by SNSC. The motion is also GRANTED on the claim brought under the “unlawful” prong of the UCL, with leave to amend. Although the Ninth Circuit …