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SAELEE v. BSI FIN. SERVS., 2:14-cv-02625-TLN-AC. (2014)

Court: District Court, E.D. California Number: infdco20141204853 Visitors: 8
Filed: Dec. 03, 2014
Latest Update: Dec. 03, 2014
Summary: ORDER ALLISON CLAIRE, Magistrate Judge. This matter was referred to the undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. 636(b)(1). Plaintiffs' complaint, filed on November 10, 2014, includes the following causes of action: (1) violation of the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692 et seq.; (2) violation of the Fair Credit Reporting Act (FCRA), 15 U.S.C. 1681 et seq.; (3) violation of the Rosenthal Fair Debt Collection Practices Act, Cal. Civ. C
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ORDER

ALLISON CLAIRE, Magistrate Judge.

This matter was referred to the undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1). Plaintiffs' complaint, filed on November 10, 2014, includes the following causes of action: (1) violation of the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seq.; (2) violation of the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq.; (3) violation of the Rosenthal Fair Debt Collection Practices Act, Cal. Civ. Code § 1688, et seq.; (4) negligence; (5) California Consumer Credit Reporting Agency; (6) intentional infliction of emotional distress; (7) declaratory judgment/lien release; (8) injunctive relief; (9) wrongful foreclosure; (10) unfair or deceptive act; and (11) no contract.1 ECF No. 1.

Before the court is plaintiffs' motion to validate filed on November 10, 2014. ECF No. 2. Plaintiffs' motion asks the court to find that defendants are not the rightful holders of plaintiffs' debt because of their violations of the FDCPA. ECF No. 2. Plaintiffs' motion also argues that defendants have violated the FCRA by reporting inaccurate credit information about them and asks that defendants be required to delete all inaccurate information. Id. Both causes of action are discussed in plaintiffs' complaint in far more detail. ECF No. 1 at 11-20, 20-22. Further, both plaintiffs' motion and their complaint request the same forms of relief. ECF No. 1 at 29-33; ECF No. 2. Accordingly, the court vacates plaintiffs' motion to validate because it is duplicative of their complaint.

Accordingly, IT IS HEREBY ORDERED that plaintiffs' motion to validate (ECF No. 2) is vacated.

FootNotes


1. Plaintiffs incorrectly numbered their causes of action in two places. First, plaintiffs failed to include a seventh (7) cause of action in their complaint. ECF No. 1 at 25. Second, plaintiffs included "no contract" as their last listed cause of action, but entitled it "sixth claim for relief." ECF No. 1 at 29.
Source:  Leagle

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