Mirkooshesh

Mirkooshesh v. Elie

Good Law
United States District Court, Northern District of CaliforniaMarch 26, 20233:22-cv-07615California3,905 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 HAMID MIRKOOSHESH, et al., Case No. 22-cv-07615-WHO

Plaintiffs,

ORDER GRANTING MOTION TO

v. DISMISS

MEHRDAD ELIE, et al., Re: Dkt. Nos. 19, 20 Defendants.

11 Defendants Mehrdad Elie, ElieCorp, and Mehrdad Elie as Trustee of the Mehrdad Elie 2006 Revocable Trust (collectively, “the defendants”) move to dismiss claims asserted by plaintiffs Hamid and Jackeline Mirkooshesh, stemming from a loan agreement between the parties that apparently soured. The motion to dismiss is GRANTED with leave to amend. The plaintiffs have not adequately alleged any of their claims arising under the federal Fair Debt Collection Practices Act (“FDCPA”), 42 U.S.C. § 1981, or 15 U.S.C. § 1691. Because the plaintiffs only invoke federal question jurisdiction, this means I lack jurisdiction over this matter. Although I will not fully consider the state law claims until jurisdiction is established, some issues with those claims are worth addressing before any…

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