Non-Opposition is Plaintiff’s ‘Consent’ to Dismiss Fraud Complaint, Says Defendant

Plaintiff Joel Fink didn’t file an opposition by the Oct. 25 deadline to One Technologies’ Oct. 11 motion to dismiss his fraud complaint for lack of personal jurisdiction in California (see [Ref:2310120024[), said the defendant’s notice of non-opposition Monday (docket 3:23-cv-05086) in U.S. District Court for Northern California in San Francisco. One Technologies filed the notice in place of its reply brief that would have been due Wednesday, it said. It asked that the court deem Fink’s non-opposition as “his consent” to grant the motion and dismiss the complaint, it said. Fink alleges the consumer credit information company sent him at least 73 unsolicited and unlawful spam emails in violation of Section 17529.5 of the California Business and Professional Code.