Facts

The National Litigation Law Group (NLLG) was formed as a professional limited liability company with James Bryant as the sole member. Bryant and Lance Conn converted NLLG into a limited liability partnership. Bryant and Conn then registered NLLG LLP as a foreign LLP in California. Bryant personally solicited Michelle Gonzalez and other putative class members to retain NLLG for legal representation in future debt collection lawsuits. Gonzalez signed a retainer agreement and the following year, Wells Fargo Bank N.A. and American Express National Bank separately filed two debt collection actions against Gonzalez. In response, defendant emailed two letters to Gonzalez stating that the firm was qualified to represent her in both actions, but needed to fulfill the following requirements: (1) advance a "first appearance fee" in order for NLLG to make a first appearance on her behalf; (2) complete and transmit a client financial statement; and (3) execute a limiting power of attorney authorizing NLLG to settle the actions on her behalf without her further knowledge or consent. Gonzalez complied with all three requirements. Gonzalez brought a class action against Bryant seeking damages.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant violated California Anti-Phishing Act when defendant represented himself as NLLG without the authority or approval of that business. Plaintiff contended that defendant violated California's Unfair Competition Law.

DEFENDANT'S CONTENTIONS: Defendant denied all of the contentions. Defendant contended plaintiff failed to demonstrate how defendant represented himself as NLLG without the authority or approval of that business. Defendant contended that plaintiff failed to plead facts to substantiate the Unfair Competition Law cause of action.

Result

Defendant's Motion to Dismiss with no further leave to amend is granted.