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RUBIO v. CAPITAL ONE BANK (USA), N.A.

No. CV 07-6766 ABC (CWx).

572 F.Supp.2d 1157 (2008)

Raquel RUBIO, on behalf of herself and all other similarly situated, Plaintiff, v. CAPITAL ONE BANK (USA), N.A., Defendant.

United States District Court, C.D. California.

August 11, 2008.

Attorney(s) appearing for the Case

Behram V. Parekh, Kirtland and Packard, El Segundo, CA, for Plaintiff.

Nancy R. Thomas, Skye H. Donald, Morrison and Foerster LLP, Los Angeles, CA, for Defendant.

ORDER GRANTING DEFENDANT'S MOTION TO DISMISS PURSUANT TO FED. R. CIV. P. 12(b)(6)

AUDREY B. COLLINS, District Judge.

Pending before the Court is Defendant Capital One's Motion to Dismiss Second Amended Complaint and to Strike, filed on May 19, 2008. Plaintiff Raquel Rubio filed an Opposition on June 9, 2008, and Defendant filed a Reply on June 23, 2008. Oral argument was heard on August 11, 2008. Upon considering the materials submitted by the parties, the...

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