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Simpson v. Best W. Int'l, Inc.

United States District Court for the Northern District of California

November 9, 2012, Decided; November 13, 2012, Filed

Case No.: 3:12-cv-04672-JCS

Opinion

ORDER DENYING DEFENDANT'S MOTION TO TRANSFER VENUE TO THE CENTRAL DISTRICT AND DENYING DEFENDANT'S MOTION TO DISMISS [Dkt. Nos. 5, 8].

I. INTRODUCTION

Before the Court are Defendant Best Western International, Inc.'s ("Defendant" or "Best Western") Motion to Transfer Venue and Motion to Dismiss Plaintiff Latroya Simpson's ("Plaintiff" or "Simpson") Complaint. Plaintiff brings this action on behalf of herself and a class of similarly situated individuals, asserting Best Western violated California Penal Code § 632.7  [*2] when its reservation center recorded her phone calls made with a cellular phone. Defendant moves the Court to transfer this action to the Central District of California because the Honorable Manuel L. Real recently decided a similar issue, and because this action is just one of seven cases filed by Simpson in an effort to forum shop around Judge Real's decision. Defendant also moves the Court to dismiss this case for Plaintiff's failure to state a claim, or in the alternative, strike class allegations. Defendant contends Plaintiff fails to state a claim under § 632.7 because § 632.7 only applies to confidential communications, and/or only applies to third parties to a phone conversation. The Court held a hearing on November 9, 2012, at 9:30a.m. For the reasons set forth below, both Motions are DENIED. 1

II. REQUESTS FOR JUDICIAL NOTICE

Rule 201(b) of the Federal Rules of Evidence provides that a "court may judicially notice a fact that is not subject to reasonable dispute because it: (1) is generally known within the trial court's territorial jurisdiction; or (2) can be  [*3] accurately and readily determined from sources whose accuracy cannot be reasonably be questioned." Fed.R.Evid. 201(b).

A. Court Documents Submitted with the Parties' Motions

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2012 U.S. Dist. LEXIS 162181 *; 89 Fed. R. Evid. Serv. (Callaghan) 1190

Latroya Simpson, individually and on behalf of a class of similarly situated individuals, Plaintiff, v. Best Western International, Inc., Defendant.

CORE TERMS

recording, cellular, judicial notice, conversation, allegations, parties, telephone, intercepts, confidential communication, motion to dismiss, third party, communications, receives, cordless, reply, Privacy, argues, reservation, phone, complaints, Venue, radio, cordless phone, eavesdropping, intentionally, landline, words, telephone conversation, legislative history, maliciously