Jenniffer Tanimura v. Experian Information Solutions, Inc. et al

Filing 40

ORDER GRANTING 30 DEFENDANT TD BANK USA, N.A.'S MOTION TO DISMISS THE FIRST AMENDED COMPLAINT WITH LEAVE TO AMEND. Signed by Judge Beth Labson Freeman on 10/6/2016. (blflc2S, COURT STAFF) (Filed on 10/6/2016)

1
2
3

UNITED STATES DISTRICT COURT

4

NORTHERN DISTRICT OF CALIFORNIA

5

SAN JOSE DIVISION

6
7

JENNIFFER TANIMURA,

Case No. 16-cv-02224-BLF

Plaintiff,
8
v.
9
10

United States District Court
Northern District of California

11

EXPERIAN INFORMATION SOLUTIONS,
INC., et al.,
Defendants.

ORDER GRANTING DEFENDANT TD
BANK USA, N.A.’S MOTION TO
DISMISS THE FIRST AMENDED
COMPLAINT WITH LEAVE TO
AMEND
[RE: ECF 30]

12
13
14

On October 6, 2016, the Court conducted a hearing on the motion of Defendant TD Bank,

15

USA, N.A. (“TD Bank”) to dismiss the first amended complaint (“FAC”) pursuant to Federal Rule

16

of Civil Procedure 12(b)(6). The FAC alleges violations of the Fair Credit Reporting Act, 15

17

U.S.C. § 1681s-2, and the California Consumer Credit Reporting Agencies Act, Cal. Civ. Code §

18

1785.25(a). With respect to TD Bank, the claims are based upon TD Bank’s allegedly improper

19

reporting that Plaintiff’s account had an amount owing of $8,334.00, which had been charged off

20

in collections. See FAC ¶¶ 5-10, ECF 29. Plaintiff alleges that that reporting was inaccurate and

21

misleading in light of the Bankruptcy Court’s confirmation of Plaintiff’s Chapter 13 plan

22

providing that $0.00 would be paid on the account. See id.

23

At the commencement of the hearing, Plaintiff’s counsel acknowledged that these

24

allegations were confusing, in that he had not meant to allege that TD Bank had reported that the

25

$8,334.00 was past due. Counsel represented that this and other deficiencies in the FAC easily

26

could be cured by amendment and proposed that the motion to dismiss be granted with leave to

27

amend. In light of counsel’s comments, and absent objection by counsel for TD Bank, the Court

28

GRANTS the motion to dismiss WITH LEAVE TO AMEND.

1

Any amended pleading shall be filed on or before November 3, 2016. Leave to amend is

2

limited to the claims set forth in the first amended complaint. Plaintiff may not add additional

3

claims or parties without express leave of the Court.

4

IT IS SO ORDERED.

5
6
7
8

Dated: October 6, 2016
______________________________________
BETH LABSON FREEMAN
United States District Judge

9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2