Plaintiff’s Motion for Leave to Amend Response to Requests for Admission Opposition – 6/12/18 RJN Reply -6/18/18 Tentative: Grant RJN; Grant motion Granting this request is with the understanding that should defendant ultimately prove plaintiff owed a penalty, defendant will not be foreclosed from enforcing any rights it may have pursuant to Code of civil Procedure section 2033.420.
Defendant’s Motion for Summary Judgment Opposition – 5/02/18, with RJN Reply – 6/18/18 Tentative: Deny plaintiff’s RJN; treat Motion as one for Judgment on the Pleadings and Grant without leave to amend
This is a putative class action by a driver who, without a FasTrak account or transponder, allegedly failed to pay for his one-time use of the 91 toll road. The sole defendant is the out-of-state firm that sought to collect on the “debt,” i.e., the unpaid toll ($3.20) + penalties. Plaintiff sued defendant for violation of the Fair Debt Collection Practices Act (FDCPA). (15 U.S.C.A. § 1692 et seq.)
The elemen
Hearing Date
June 27, 2018
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Plaintiff’s Motion for Leave to Amend Response to Requests for Admission Opposition – 6/12/18 RJN Reply -6/18/18 Tentative: Grant RJN; Grant motion Granting this request is with the understanding that should defendant ultimately prove plaintiff owed a penalty, defendant will not be foreclosed from enforcing any rights it may have pursuant to Code of civil Procedure section 2033.420.
Defendant’s Motion for Summary Judgment Opposition – 5/02/18, with RJN Reply – 6/18/18 Tentative: Deny plaintiff’s RJN; treat Motion as one for Judgment on the Pleadings and Grant without leave to amend
This is a putative class action by a driver who, without a FasTrak account or transponder, allegedly failed to pay for his one-time use of the 91 toll road. The sole defendant is the out-of-state firm that sought to collect on the “debt,” i.e., the unpaid toll ($3.20) + penalties. Plaintiff sued defendant for violation of the Fair Debt Collection Practices Act (FDCPA). (15 U.S.C.A. § 1692 et seq.)
The elemen