Moser

I. BACKGROUND

21 On May 3, 2019, Plaintiff Kenneth J. Moser filed a Complaint against Defendants 22 Medguard Alert, Inc. (“Medguard”); Lifewatch, Inc. (“Lifewatch”) d/b/a Lifewatch USA, 23 Medical Alarm Systems, and Lifewatch Moto; Evan Sirlin; and David Roman. (ECF No. 24 1). Moser amended the Complaint on November 14, 2019. (ECF No. 7). In the First 25 Amended Complaint (“FAC”), Moser alleges that “Defendants transmitted seventeen pre- 26 recorded and auto-dialed telephone calls to Plaintiff’s cellular telephone number . . . 27 between May 4, 2015, and October 21, 2019.” (Id. ¶ 9). Moser alleges that he received calls 28 from various numbers on May 4, May 6, June 9, July 6, September 2, and November 5, 2015; January 14 and July 13, 2016; May 15, 2018; and October 21, 2019. Moser alleges that all but the seventeenth call “used a non-natural robotic voice to play a pre-recorded message” attempting to sell Moser “a personal medical alert system.” (Id. ¶ 15). Moser alleges that the seventeenth call “used an automated Avatar system to ask questions before transferring to a live operator.” (Id.). Moser alleges that he knows the calls were made by Defendants…