United States District Court, D. Nevada
RICHARD F. BOULWARE, II, UNITED STATES DISTRICT JUDGE
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.
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.
alleges the following in his complaint.
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.
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.
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.
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).
Automotive moves to dismiss the complaint, arguing that
Salazar fails to allege a concrete injury that creates