Gonzalez
Gonzalez v. Sallie Mae Bank
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JOSE ANTONIO GONZALEZ, Case No.: 18cv2457
Plaintiff,
ORDER GRANTING IN PART
v. MOTION TO DISMISS SALLIE MAE BANK, et al., Defendants. 16 Plaintiff Jose Antonio Gonzalez, through counsel, filed his complaint in this case bringing claims under the federal Fair Debt Collection Practices Act (FDCPA) and Fair Credit Reporting Act (FCRA); under California’s Rosenthal Fair Debt Collection Practices Act (RFDCPA) and Consumer Credit Reporting Agencies Act (CCCRAA); and for declaratory relief, apparently under the federal Declaratory Judgment Act. Defendant Sallie Mae Bank (“SMB”) moved to dismiss. Legal Standards A Rule 12(b)(6) motion to dismiss tests the sufficiency of the complaint. Navarro v. Block, 250 F.3d 729, 732 (9th Cir. 2001). The pleading standard is governed by Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 554–55 (2007); and Ashcroft v. Iqbal, 556 U.S. 662, 679 (2009). Under Fed. R. Civ. P.…