Brinkley

I. BACKGROUND

19 On October 15, 2013, Plaintiff Tiffany Brinkley, on behalf of herself and others 20 similarly situated, filed a Complaint in the Superior Court for the State of California, 21 County of San Diego, against Monterey Financial Services, Inc. (“Monterey, Inc.”), and 22 Does 1 through 100. (ECF No. 1-3). On May 6, 2016, Monterey, Inc., and “Doe Defendant 23 1,” Monterey Financial Services, LLC (“Monterey, LLC”), removed the action to this 24 Court. (ECF No. 1). 25 On May 17, 2018, Brinkley filed a First Amended Complaint (“FAC”). (ECF No. 26 97). In the FAC, Brinkley alleged claims against Defendants for invasion of privacy under 27 section 632 of the California Penal Code and section 9.73.030 of the Washington Revised 28 Code, unlawful recording of telephone calls under section 632.7 of the California Penal Code, and unlawful and unfair business practices in violation of the California Business and Professions Code. On May 31, 2018, Defendants filed a Motion to Dismiss the FAC. (ECF No. 100). Defendants contended that the Court should dismiss Plaintiff’s claim under section 632.7 of the California Penal Code because section 632.7 does not…