Sanchez v. Law Office of Lance E. Armo, et al.

Filing 26

ORDER ADOPTING 24 Findings and Recommendations, signed by District Judge Dale A. Drozd on 06/04/2021. (Maldonado, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANGELA SANCHEZ,

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Plaintiff,

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v.

No. 1:20-cv-00163-NONE-SKO
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
(Doc. No. 24)

LAW OFFICE OF LANCE E. ARMO and
LANCE E. ARMO,

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Defendants.

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On January 31, 2021, Plaintiff Angela Sanchez filed a complaint against Defendants Law

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Office of Lance E. Armo and Lance E. Armo, alleging that defendants violated the Fair Debt

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Collections Practices Act (“FDCPA”), 15 U.S.C. § 1682 et seq. and the California Unfair

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Competition Law (“UCL”), Cal. Bus. & Prof. Code § 17200 et seq. (Doc. 1.) Among other

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things, the complaint alleges defendants, a law firm engaged in debt collection, unlawfully

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pursued unlawful detainer actions against plaintiff even though plaintiff was not in arrears on her

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rent. (Id.)
On February 25, 2020, defendants filed a motion to dismiss the complaint pursuant to

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Federal Rule of Civil Procedure 12(b)(6), along with a motion to strike plaintiff’s state law claims

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as a strategic lawsuit against public participation (“SLAPP”) under California Code of Civil

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Procedure § 425.16. (Doc. No. 8.) The motion to dismiss and strike was referred to the assigned

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magistrate judge for the issuance of findings and recommendations on January 26, 2021. (Doc. No.

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23.)

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On March 31, 2021, the assigned magistrate judge issued findings and recommendations

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recommending that defendants’ motion to dismiss and strike be granted in part and denied in part.

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(Doc. No. 24.) Specifically, the magistrate judge recommended the motion to dismiss be granted

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to the extent plaintiff’s FDCPA and UCL claims rely upon an asserted violation of 15 U.S.C. §

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1692d, which requires allegations of harassing conduct that are not set forth in plaintiff’s

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complaint. (Id. at 12.) The findings and recommendations also recommended that the anti-

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SLAPP motion to strike be granted with respect to any claim premised upon § 1692d. (Id. at 23–

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24.) The magistrate judge also recommended that plaintiff be granted leave to amend her § 1692d

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claim and further recommended that defendants’ motion to dismiss and strike be denied in all

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other respects as to all other theories of liability. (See generally id.) Finally, the magistrate judge

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recommended that defendants’ motion for attorney’s fees in connection with their anti-SLAPP

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motion to strike be denied, finding that such an award would be inappropriate given that any

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victory won by defendants at this stage of the litigation was purely “technical” because the

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granting of leave to amend plaintiff’s § 1629d claim was being recommended. See Brown v. Elec.

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Arts, Inc., 722 F. Supp. 2d 1148, 1155 (C.D. Cal. 2010). The findings and recommendations

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contained notice that any objections thereto were due within twenty-one days. (See id.) No

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objections have been filed and the time to do so has passed.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a

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de novo review of the case. Having carefully reviewed the entire file, the court finds that the

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findings and recommendations are supported by the record and proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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The findings and recommendations issued March 31, 2021 (Doc. No. 24) are
adopted in full; and

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Defendants’ Motion to Dismiss (Doc. No. 8) is GRANTED IN PART and

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DENIED IN PART as follows:

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a.

Defendant’s motion to dismiss the Fair Debt Collections Practices Act
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(“FDCPA”) and the California Unfair Competition Law (“UCL”) claims

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based on a violation of 15 U.S.C. § 1692d is GRANTED with LEAVE TO

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AMEND within twenty-one (21) days;

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b.

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Defendant’s motion to dismiss the remainder of the FDCPA and UCL
claims is DENIED;

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c.

Defendant’s anti-SLAPP motion to strike the UCL claim based on a

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violation of 15 U.S.C. § 1692d is GRANTED with LEAVE TO AMEND

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within twenty-one (21) days;

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d.

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Defendant’s anti-SLAPP motion to strike the remainder of the UCL claims
is DENIED; and

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e.

Defendants’ request for an award of attorney’s fees is DENIED.

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IT IS SO ORDERED.
Dated:

June 4, 2021
UNITED STATES DISTRICT JUDGE

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