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Perez v. Gordon & Wong Law Group, P.C.

2012 WL 1029425, No. 11-CV-03323-LHK (2012)

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Perez v. Gordon & Wong Law Group, P.C.

United States District Court for the Northern District of California
2012 WL 1029425, No. 11-CV-03323-LHK (2012)

Facts

Carlos Perez (plaintiff) brought suit against Gordon & Wong Law Group, P.C., and several of its individual attorneys (collectively, Gordon) (defendants), alleging violations of the federal Fair Debt Collection Practices Act and California’s Rosenthal Fair Debt Collection Practices Act. Gordon filed an answer and asserted 15 affirmative defenses without providing factual detail in support. Perez moved to strike all 15 of Gordon’s affirmative defenses under Federal Rule of Civil Procedure (FRCP) 12(f). Perez argued that the affirmative defenses, as pleaded, were legally insufficient as they failed to satisfy FRCP 8 and the plausibility pleading standard established in Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal.

Rule of Law

Issue

Holding and Reasoning (Loh, J.)

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