Schaired
Schaired v. Monterey Financial Services, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ROBERT SCHAIRED, Case No. 22-cv-0736-BAS-MDD
Plaintiff,
ORDER:
v. (1) GRANTING IN PART AND MONTEREY FINANCIAL SERVICES,
DENYING PART, PLAINTIFF’S
INC.,
MOTION FOR LEAVE TO FILE Defendant. AN AMENDED COMPLAINT 16 (ECF No. 15); and 17 (2) TERMINATING AS MOOT
MOTION TO DISMISS INITIAL
COMPLAINT (ECF No. 4)
22 Plaintiff Robert Schaired (“Schaired”) commenced this putative-class action against 23 Defendant Monterey Financial Services, Inc. (“MFSI”) on May 23, 2022. (Compl., ECF 24 No. 1.) The initial Complaint asserts three claims: one under the Telephone Consumer 25 Protection Act (“TCPA”), 47 U.S.C. § 227 et seq., and two under the Fair Debt Collection 26 Practices Act (“FDCPA”), 15 U.S.C. § 1692 et seq. MFSI moved pursuant to Federal Rule 27 of Civil Procedure (“Rule”) 12(b)(6) to dismiss one of Schaired’s FDCPA claims—that 28 MFSI violated 15 U.S.C. § 1692e(11)—and to strike…