Sparkman

Sparkman v. Comerica Bank

Good Law
United States District Court, Northern District of CaliforniaAugust 4, 20234:23-cv-02028California9,069 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 PAULA SPARKMAN, Case No. 23-cv-02028-DMR

Plaintiff,

ORDER ON MOTIONS TO DISMISS

v. AND TO STRIKE

COMERICA BANK, et al., Re: Dkt. Nos. 16, 18 Defendants.

Plaintiff Paula Sparkman filed this putative class action against Defendants Comerica Bank and Conduent Business Services, LLC alleging claims under the Electronic Funds Transfer Act, 15 U.S.C. § 1693, and California law related to Defendants’ operation of prepaid debit cards through which a state agency disburses child support payments. Defendants move pursuant to Federal Rule of Civil Procedure 12(b)(6) to dismiss the complaint. They also move to strike Sparkman’s demand for a jury trial. [Docket Nos. 16 (Mot. to Dismiss), 18 (Mot. to Strike).] This matter is suitable for determination without oral argument. Civil L.R. 7-1(b). For the following reasons, the motion to dismiss is granted in part and denied in part. The motion to strike is denied. I. …

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