Felix Prescott v. American Automobile Ass'n

15-55935·Judge: Graber, Bybee, Christen·Attorney: Devin Heng Fok, Law Offices of Devin H, Fok, Alhambra, CA, John Albert Girar-di, Girardi Keese, Los Angeles, CA, Joshua Eunsuk Kim, Attorney, A New Way of Life Reentry Project, Los Angeles, CA, for Plaintiff-Appellant, Anne Grignon, Margaret Anne Grignon, Esquire, Grignon Law Firm LLP, Long Beach, CA, Wayne Robert Gross, Esquire, Greenberg Gross LLP, Costa Mesa, CA, Bret D. Hembd, Greenberg Gross LLP, Costa Mesa, CA, for Defendant-Appellee American Automobile Association, John King Beckley, Esquire, Deputy General Counsel for Litigation, Automobile Club of Southern California, Costa Mesa, CA, Anne Grignon, Margaret Anne Grig-non, Esquire, Grignon Law Firm LLP, Long Beach, CA, Wayne Robert Gross, Esquire, Greenberg Gross LLP, Costa Mesa, CA, Bret D. Hembd, Greenberg Gross LLP, Costa Mesa, CA, for Defendant-Appellee Automobile Club of Southern California, Beth Ellen Terrell, Attorney, Terrell Marshall Law Group PLLC, Amici Curiae0 citations·Filed June 16, 2015

Opinions

FILED NOT FOR PUBLICATION FEB 14 2017 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

FELIX B. PRESCOTT, individually and No. 15-55935 as representative of the class, D.C. No. Plaintiff-Appellant, 2:13-cv-08953-MWF-PLA

v. MEMORANDUM* AMERICAN AUTOMOBILE ASSOCIATION and AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA, erroneously sued under AAA Auto Club of Southern California,

Defendants-Appellees.

Appeal from the United States District Court for the Central District of California Michael W. Fitzgerald, District Judge, Presiding

Argued and Submitted February 8, 2017 Pasadena, California

Before: GRABER, BYBEE, and CHRISTEN, Circuit Judges.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Prescott’s employer terminated him from his job as a tow truck driver after a

background check he authorized revealed he did not meet the defendants’

requirements to serve their members.1 Prescott’s employer gave him a pre-adverse

employment action notice before terminating him as required by the Fair Credit

Reporting Act, but he did not receive one from defendants. See 15 U.S.C.

§ 1681b(b)(3)(A). Prescott sued, alleging in his Second Amended Complaint that

he suffered an injury traceable to the denied opportunity to challenge HireRight’s

adjudication and defendants’ background check policy. See Spokeo, Inc. v. Robins,

136 S. Ct. 1540, 1547–50 (2016). Because Prescott received all the notice to

which he was entitled, we affirm the district court’s dismissal of the Second

Amended Complaint.

AFFIRMED.

1 The parties are familiar with the facts so we do not recount them here except as necessary to explain this disposition. 2