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VAN SLYKE v. CAPITAL ONE BANK

No. C 07-00671 WHA.

503 F.Supp.2d 1353 (2007)

David VAN SLYKE, Franklin Chan, and Thomas E. Browning, on behalf of themselves and all others similarly situated, Plaintiffs, v. CAPITAL ONE BANK, Capital One Bank, Capital One Financial Corporation, and Does 1-100, inclusive, Defendant&

United States District Court, N.D. California.

June 7, 2007.

Attorney(s) appearing for the Case

Jacqueline. Eve Mottek, Jeffrey W. Lawrence, Lerach Coughlin Stoia Geller Rudman & Robbins LLP, San Francisco, CA, for Plaintiffs.

James Francis McCabe, James R. McGuire, Rita Lin, Morrison & Foerster LLP, San Francisco, CA, Cameron S. Matheson, James Alwin Murphy, Leclair Ryan, Richmond, VA, for Defendants.

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...

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