Ashkhen A Arutyunyan v. American Express Centurion Bank et al

Filing 73

IN CHAMBER/OFF THE RECORD. ORDER TO SHOW CAUSE. Plaintiff filed a First Amended Complaint (FAC) on September 10, 2012. [Doc. No. 29.] In the FAC, Plaintiff alleges violations of the California Consumer Credit Reporting Agencies Act (CCRAA), Cal. Civ . Code § 1785.25(a), against all defendants. It appears to the Court that Plaintiff may have no private right of action pursuant to Cal. Civ. Code § 1785.25(a). See Pulver v. Avco Fin. Services, 182 Cal. App. 3d 622, 632 (Cal. Ct. App. 1986 ) (the Legislatures apparent intent in specifying that a right of action exists against any person for violation of the act (§ 1785.31, subd. (a)) was not to impose liability on a supplier of information to a credit reporting agency....) Plainti ffs are hereby ORDERED TO SHOW CAUSE by no later than November 13, 2012 why Count II of the FAC for Violations of the CCRAA should not be dismissed as against all defendants. IT IS SO ORDERED. by Judge Consuelo B. Marshall. Response to Order to Show Cause due by 11/13/2012. (cs)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV12-04123 CBM (SH)

Title

Arutyunyan v. American Express Centurion Bank, et al.

Present: The
Honorable

Date

CONSUELO B. MARSHALL
Joseph M. Levario

n/a

Deputy Clerk

Court Reporter / Recorder

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

n/a

Proceedings:

November 5, 2012

n/a

IN CHAMBERS/OFF THE RECORD
ORDER TO SHOW CAUSE

Plaintiff filed a First Amended Complaint (“FAC”) on September 10, 2012. [Doc. No. 29.] In the
FAC, Plaintiff alleges violations of the California Consumer Credit Reporting Agencies Act
(“CCRAA”), Cal. Civ. Code § 1785.25(a), against all defendants. It appears to the Court that Plaintiff
may have no private right of action pursuant to Cal. Civ. Code § 1785.25(a). See Pulver v. Avco Fin.
Services, 182 Cal. App. 3d 622, 632 (Cal. Ct. App. 1986) (“the Legislature’s apparent intent in
specifying that a right of action exists against ‘any person’ for violation of the act (§ 1785.31, subd. (a))
was not to impose liability on a supplier of information to a credit reporting agency . . ..”)
Plaintiffs are hereby ORDERED TO SHOW CAUSE by no later than November 13, 2012 why
Count II of the FAC for “Violations of the CCRAA” should not be dismissed as against all defendants.
IT IS SO ORDERED.

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Initials of Preparer

CV-90 (10/08)

CIVIL MINUTES - GENERAL

:

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JL

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