In Alan v. Equifax, Inc., No. CV 19-6588-DMG (ASx), 2019 U.S. Dist. LEXIS 194161 (C.D. Cal. Nov. 6, 2019), the District Court found no jurisdiction over a CCRAA claim.
Federal law is not essential to the CCRAA claim under Cal Civ. Code section 1785.25(a). Defendant does not argue that the FCRA is a necessary element of the Section 1785.25(a) CCRAA claim, and that section is not completely preempted by the FCRA. See Gorman v. Wolpoff & Abramson, LLP, 584 F.3d 1147, 1169 (9th Cir. 2009) (“Section 1681t(b)(1)(F), the FCRA’s preemption provision, expressly exempts this subsection—California Civil Code section 1785.25(a)—from its general exclusion of state law claims on matters governed by § 1681s-2.”). Therefore, the Complaint’s “mere reference” to the FCRA is not enough to convert the CCRAA claim into a federal cause of action. Easton, 114 F.3d at 982.