JAMES E ELIAS VS SYNCHRONY BANK

ELIAS v. SYNCHRONY BANK

DEMURRER TO PLAINTIFF’S SECOND AMENDED COMPLAINT

MOTION TO STRIKE SECOND AMENDED COMPLAINT

TENTATIVE RULING

Sustain, without leave to amend, the demurrer to the second cause of action for invasion of privacy on res judicata and preemption grounds. Grant, with thirty (30) days leave to amend, the motion to strike the request for treble damages.

DISCUSSION

I. Background

In this litigation, Plaintiff James Elias alleges that Defendant Synchrony Bank, formerly known as GE Capital Retail Bank (“GECRB”) lends money and issues credit cards to consumers buying from retail stores. [Second Amended Complaint (“SAC”), ¶2.] Defendant allegedly enables fraudsters, using stolen identities, to open credit accounts through New Account Fraud and Account Takeover Fraud. [SAC, ¶3.] Defendant, in alleged derogation of statutes, regulations, common law, and fair business practices,........