Baesel

Baesel v. Mutual Of Omaha Mortgage, Inc.

Good Law
United States District Court, Southern District of CaliforniaOctober 20, 20203:20-cv-00886California469 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 DAVID BAESEL, individually and on Case No.: 20cv0886 DMS(AGS) behalf of all others similarly situated,

ORDER DENYING DEFENDANT’S

Plaintiffs, MOTION TO DISMISS v.

MUTUAL OF OMAHA MORTGAGE,

15 INC., a Delaware corporation 16 Defendant. 17 18 This case comes before the Court on Defendant’s motion to dismiss Plaintiff’s claim under the Do Not Call (“DNC”) Provision of the Telephone Consumer Protection Act (“TCPA”). Defendant moves to dismiss this claim on the ground that Plaintiff lacks standing. Specifically, Defendant argues Plaintiff has failed to allege he suffered any concrete harm and, therefore, he has failed to allege injury. In support of this argument, Defendant relies primarily on an order granting the defendant’s motion for summary judgment in another TCPA case, Shuckett v. DialAmerica Mktg., Inc., No. 17CV2073-LAB (KSC), 2019 WL 3429184 (S.D. Cal. July 30, 2019). In that order, the court granted the defendant’s motion for summary judgment, finding…

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