Free Renotice motion hearing - District Court of California - California

Case 4:07-cv-02850-CW

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TOMIO B. NARITA (SBN 156576) JEFFREY A. TOPOR (SBN 195545) SIMMONDS & NARITA LLP 44 Montgomery Street, Suite 3010 San Francisco, CA 94104-4816 Telephone: (415) 283-1000 Facsimile: (415) 352-2625 [email protected] [email protected] Attorneys for Defendant Afni, Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA DERWIN GRANT, Plaintiff, vs. AFNI, INC., Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO.: C 07 2850 CW AMENDED NOTICE OF MOTION AND MOTION OF FOR JUDGMENT ON THE PLEADINGS BY DEFENDANT AFNI, INC. Date: August 2, 2007 Time: 2:00 p.m. Ctrm: 2, 4th Floor The Honorable Claudia Wilken

GRANT V. AFNI. INC. (CASE NO. C 07 2850 CW) AMENDED NOTICE OF MOTION AND MOTION FOR JUDGMENT ON THE PLEADINGS

Case 4:07-cv-02850-CW

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TO PLAINTIFF IN PRO PER DERWIN GRANT: PLEASE TAKE NOTICE that on August 2, 2007 at 2:00 p.m., or as soon thereafter as the matter may be heard in Courtroom 2 of the above entitled court, located at 1301 Clay Street, Oakland, California 94612, the Honorable Claudia Wilken presiding, defendant Afni, Inc. ("Defendant") will and hereby does move this Court for an Order, pursuant to Rule 12(c) of the Federal Rules of Civil Procedure, granting judgment on the pleadings in favor of Defendant. The motion is made on the grounds that the Complaint fails to state facts sufficient to constitute a cause of action against Defendant. The skeletal and conclusory allegations in the complaint, even when assumed true, do not state a claim upon which relief may be granted under the Fair Credit Reporting Act ("the FCRA"), 15 U.S.C. § 1681, et seq., because consumers such as Plaintiff cannot pursue claims against furnishers of data such as Defendant based upon the furnisher's alleged reporting of incomplete or inaccurate information under section 1681s-2(a) of the FCRA, and because Plaintiff has not alleged and cannot allege that he disputed the debt at issue in this action pursuant to his responsibilities under section 1692g of the FDCPA and therefore has not stated a claim against Defendant for failure to validate the debt. The motion is based upon this Notice of Motion and Motion for Judgment on the Pleadings, the accompanying Memorandum of Points and Authorities, all pleadings and papers on file herein, and such oral argument as is presented. DATED: June 11, 2007 SIMMONDS & NARITA, LLP TOMIO B. NARITA JEFFREY A. TOPOR

By:

/Tomio B. Narita/ Tomio B. Narita Attorneys for defendant

GRANT V. AFNI. INC. (CASE NO. C 07 2850 CW) AMENDED NOTICE OF MOTION AND MOTION FOR JUDGMENT ON THE PLEADINGS

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Case 4:07-cv-02850-CW

Document 11

Filed 06/11/2007

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