17-CIV-03178 PATRICK WHITE vs. SHR PALO ALTO, LLC, et al.
PATRICK WHITE ALEX P. KATOFSKY
SHR PALO ALTO, LLC ANAHIT TAGVORYAN
9. FOUR SEASONS HOTELS LIMITED’S HEARING ON DEMURRER TO
FIRST AMENDED COMPLAINT.
The Court carries forward its Tentative Ruling of Feb. 21, 2018 as follows:
· HEARING REQUIRED. COUNSEL TO PERSONALLY APPEAR. NO TELEPHONIC APPEARANCES. NO “COVERING” COUNSEL.
· This matter is before the Court following remand from the United States District Court (N.Dist. Calif). The present Demurrers made by Defendants SHR Palo Alto, LLC and Four Seasons Hotels Ltd. are directed to Plaintiff Patrick White’s First Amended Complaint filed on Sept. 28, 2017 while the case was still pending in the U.S. District Court.
· As this Court’s file does not include the operative pleading, Counsel are directed to lodge a copy of the First Amended Complaint in Dept. 10, when they check in with the Courtroom Clerk for the morning’s Law & Motion calendar, so that the Court will be in a position to evaluate the merits of the Defendants’ Demurrers.
· The Court is otherwise prepared to hear argument on these pending Demurrers.
· Meanwhile, the Court notes the gist of the action as follows:
· Plaintiff PATRICK WHITE filed this putative class action lawsuit after a 2017 stay at the Four Seasons Hotel Silicon Valley in East Palo Alto, CA. He asserts that he used his Visa card to pay for his hotel stay, and that the receipt contained more than the last five digits of his credit card number as well as the expiration date, in violation of 15 U.S.C. § 1681c(g).
· That Section provides: “Except as provided in this subsection, no person that accepts credit cards or debit cards for the transaction of business shall print more than the last five digits of the card number or the expiration date upon any receipt provided to the cardholder at the point of sale or transaction.”
· The Plaintiff’s original Complaint, which this Court does have, alleges that Plaintiff, and all others similarly situated, were exposed to an increased risk of identity theft and unauthorized credit card charges due to this violation. Plaintiff seeks statutory damages of “not less than $100 and not more than $1000” for each violation pursuant to 15 U.S.C. § 1681n(a)(1)(A), as well as punitive damages, attorney’s fees, and costs.
· Defendant SHR PALO ALTO, LLC is alleged to be the owner of this particular hotel, and Defendant FOUR SEASONS HOTELS LIMITED is the hotel manager.
10. STRATEGIC HOTELS AND RESORTS LLC AND SHR PALO ALTO, LLC’S HEARING ON DEMURRER
The Court carries forward its Tentative Ruling of Feb. 21, 2018 as follows:
· HEARING REQUIRED. COUNSEL TO PERSONALLY APPEAR. NO TELEPHONIC APPEARANCES. NO “COVERING” COUNSEL.
· This matter is before the Court following remand from the United States District Court (N.Dist. Calif). The present Demurrers made by Defendants SHR Palo Alto, LLC and Four Seasons Hotels Ltd. are directed to Plaintiff Patrick White’s First Amended Complaint filed on Sept. 28, 2017 while the case was still pending in the U.S. District Court.
· As this Court’s file does not include the operative pleading, Counsel are directed to lodge a copy of the First Amended Complaint in Dept. 10, when they check in with the Courtroom Clerk for the morning’s Law & Motion calendar, so that the Court will be in a position to evaluate the merits of the Defendants’ Demurrers.
· The Court is otherwise prepared to hear argument on these pending Demurrers.
· Meanwhile, the Court notes the gist of the action as follows:
· Plaintiff PATRICK WHITE filed this putative class action lawsuit after a 2017 stay at the Four Seasons Hotel Silicon Valley in East Palo Alto, CA. He asserts that he used his Visa card to pay for his hotel stay, and that the receipt contained more than the last five digits of his credit card number as well as the expiration date, in violation of 15 U.S.C. § 1681c(g).
· That Section provides: “Except as provided in this subsection, no person that accepts credit cards or debit cards for the transaction of business shall print more than the last five digits of the card number or the expiration date upon any receipt provided to the cardholder at the point of sale or transaction.”
· The Plaintiff’s original Complaint, which this Court does have, alleges that Plaintiff, and all others similarly situated, were exposed to an increased risk of identity theft and unauthorized credit card charges due to this violation. Plaintiff seeks statutory damages of “not less than $100 and not more than $1000” for each violation pursuant to 15 U.S.C. § 1681n(a)(1)(A), as well as punitive damages, attorney’s fees, and costs.
· Defendant SHR PALO ALTO, LLC is alleged to be the owner of this particular hotel, and Defendant FOUR SEASONS HOTELS LIMITED is the hotel manager.
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