Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Salazar v. ABC Automotive Investments, LLC

United States District Court, D. Nevada

July 8, 2019

RICHARD SALAZAR, Plaintiff,
v.
ABC AUTOMOTIVE INVESTMENTS, LLC, D/B/A LAS VEGAS MITSUBISHI, Defendants.

          ORDER

          RICHARD F. BOULWARE, II, UNITED STATES DISTRICT JUDGE

         I. INTRODUCTION

         Defendant ABC Automotive Investments, LLC dba Las Vegas Mitsubishi moves to dismiss Plaintiff Richard Salazar's Complaint. ECF No. 4. Salazar moves to strike ABC Automotive's reply in support of the motion to dismiss. ECF No. 14.

         II. PROCEDURAL BACKGROUND

         Salazar sued ABC Automotive on January 7, 2019, alleging a single claim for the violation of the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. (“the FCRA”). ECF No. 1. ABC Automotive moves to dismiss the complaint. ECF Nos. 4, 6 (erratum to the motion). Salazar opposed the motion. ECF No. 9. ABC Automotive filed a reply, which Salazar now moves to strike. ECF Nos. 13, 14. ABC Automotive opposed the motion to strike. ECF No. 15. No. reply was filed. See docket.

         III. FACTUAL BACKGROUND

         Salazar alleges the following in his complaint.

         Salazar visited ABC Automotive's car dealership in December 2018, seeking to trade in his current car. Salazar brought a letter from America First Credit Union that showed Salazar was preapproved for a credit line. He presented the credit-approval letter to the ABC Automotive salesman assisting him that day and to two ABC Automotive managers. Salazar explicitly instructed the three employees that he did not consent to ABC Automotive inquiring into his credit. He explained that he wanted to maintain his credit score because he was in the process of purchasing a home. He therefore demanded that ABC Automotive not conduct a credit inquiry. In response to Salazar's concerns over a credit inquiry, the salesman wrote “DO NOT RUN CREDIT” at the top of Salazar's credit application.

         After a negotiation was reached on the trade-in value of Salazar's car and purchase price of a new car, the three ABC Automotive employees left Salazar to complete the drafting of a sales agreement. Salazar received an email soon, thereafter, indicating that ABC Automotive made an inquiry into Salazar's credit to a major credit reporting agency. Salazar immediately communicated his frustrations and asked if any other inquiries had been made. One of the sales managers responded that ABC Automotive made only one inquiry and promised to remove the inquiry from Salazar's credit history. Salazar later learned that two additional inquiries were made to different credit reporting agencies. All three inquiries remain on Salazar's credit report.

         As a result of the credit inquiries, Salazar suffered an eight-point drop in his credit score, a three-point increase in his preapproved credit loan for the car purchase. He also suffered emotional distress, including humiliation, anger, anxiety, and loss of sleep and of appetite.

         IV. LEGAL STANDARD

         In order to state a claim upon which relief can be granted, a pleading must contain “a short and plain statement of the claim showing that the pleader is entitled to relief.” Fed.R.Civ.P. 8(a)(2). In ruling on a motion to dismiss for failure to state a claim, “[a]ll well-pleaded allegations of material fact in the complaint are accepted as true and are construed in the light most favorable to the non-moving party.” Faulkner v. ADT Security Servs., Inc., 706 F.3d 1017, 1019 (9th Cir. 2013). To survive a motion to dismiss, a complaint must contain “sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face, ” meaning that the court can reasonably infer “that the defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citation and internal quotation marks omitted).

         V. DISCUSSION

         ABC Automotive moves to dismiss the complaint, arguing that Salazar fails to allege a concrete injury that creates ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.