Legal Opinion

Van Slyke v. Capital One Bank

District Court, N.D. California

Decided June 7, 2007No. C 07-00671 WHAPublishedCited by 21 opinions

1Opinion of the Court

ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS AND DENYING MOTION TO TRANSFER

ALSUP, District Judge.

INTRODUCTION

In this putative class action challenging defendants’ credit card practices, defendants move to dismiss three of plaintiffs’ four claims under Rule 12(b)(6). Defendants also move to transfer this action to the Eastern District of Virginia. Defendants have shown that the California Consumer Legal Remedies Act does not cover the credit card transactions at issue, so that claim must be dismissed. However, plaintiffs’ California claims for unfair competition and deceit are…

2Cases cited25 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. Conley v. GibsonSupreme Court of the United States · 1957
  3. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  4. Stewart Organization, Inc. v. Ricoh Corp.Supreme Court of the United States · 1988
  5. Van Dusen v. BarrackSupreme Court of the United States · 1964

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3Cited by21 opinions

  1. Gutierrez v. Wells Fargo & Co.District Court, N.D. California · 2009
  2. Senne v. Kansas City Royals Baseball Corp.District Court, N.D. California · 2015
  3. In Re Late Fee and Over-Limit Fee LitigationDistrict Court, N.D. California · 2007
  4. Gunther v. Capital One, N.A.District Court, E.D. New York · 2010
  5. S&J Rentals, Inc. v. Hilti, Inc.District Court, E.D. California · 2018

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