Derrick E. Fuller v. BMO Bank

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2 3 4 5 6 7 UNITED STATES DISTRICT COURT ? CENTRAL DISTRICT OF CALIFORNIA 10 DERRICK FULLER, and individual, Case No.: CV 24-1800-CBM-KSx 7] Plaintiff, ORDER RE: DEFENDANT'S MOTION TO DISMISS BMO BANK N.A., PLAINTIFF’S SECOND AMENDED Defendant. COMPLAINT

16 The matter before the Court is Defendant’s Motion to Dismiss Plaintiff's Second Amended Complaint. (Dkt. No. 35 (the “Motion”).) I. BACKGROUND On March 5, 2024, Plaintiff filed the Complaint in this action based on Defendant’s alleged freezing of Plaintiff's bank accounts. (Dkt. No. 1.) On 22 || March 12, 2024, the Court dismissed the Complaint for failure to state a claim with leave to amend. (Dkt. No. 13.) On March 25, 2024, Plaintiff filed a First Amended Complaint (“FAC”). (Dkt. No. 16.) On July 2, 2024, the Court granted Defendant’s motion to dismiss the FAC pursuant to Fed. R. Civ. P. 12(b)(1)…