Sparkman

Sparkman v. Comerica Bank

Good Law
United States District Court, Northern District of CaliforniaDecember 21, 20234:23-cv-02028California6,337 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 MOTION TO DISMISS

v. FIRST AMENDED CLASS ACTION

COMPLAINT

COMERICA BANK, et al., Re: Dkt. No. 52 Defendants.

12 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 (“EFTA”), 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 now move pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) to dismiss and/or strike portions of the First Amended Class Action Complaint (“FAC”). [Docket No. 48.] 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. I. BACKGROUND Sparkman makes the…

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