Chinitz

Chinitz v. Intero Real Estate Services

Good Law
United States District Court, Northern District of CaliforniaOctober 28, 20225:18-cv-05623California5,115 words

Opinion

Trial Court Opinion

I. BACKGROUND

19 On September 13, 2018, former named plaintiff Ronald Chinitz initiated a class action 20 lawsuit alleging Intero violated the Telephone Consumer Protection Act, 47 U.S.C. § 227 21 (“TCPA”), and its implementing regulations, 47 C.F.R. § 64.1200, as well as California’s Unfair 22 Competition Law, Cal. Bus. & Prof. Code §§ 17200-17210 (“UCL”). ECF No. 1. Chinitz alleged 23 he received, inter alia, unwanted telephone solicitations on behalf of Intero to residential telephone 24 lines he had previously registered on the National Do Not Call (“DNC”) Registry and repeated 25 unwanted telemarketing calls on his residential telephone lines after he had asked Intero and/or its 26 agents not to call him back. The Court certified the National DNC Class and the Internal DNC 27 Class (the latter as to injunctive relief only). ECF No. 126 at 27. Chinitz sought approval of a class notice plan for the National DNC Class, ECF No. 131, which the Court approved in part, ECF No. 151. Plaintiffs moved for partial summary judgment and Intero moved for summary judgment. ECF Nos. 157, 159. In March 2021, Plaintiffs filed a motion to amend the scheduling order,…

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