Xu
Xu v. Better Mortgage Corporation
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JING XU, Case No. 23-cv-05510-PCP Plaintiff,
ORDER GRANTING MOTION TO
v. DISMISS WITH LEAVE TO AMEND;
DENYING MOTION FOR
BETTER MORTGAGE CORPORATION, SANCTIONS; DENYING AS MOOT et al., MOTION FOR LEAVE TO AMEND 11 Defendants. Re: Dkt. Nos. 11, 45, 48 12 Plaintiff Jing Xu brings this lawsuit against defendants Better Mortgage Corporation (BMC) and The Money Source (TMS) alleging violations of the Fair Credit Reporting Act (FCRA). BMC moves to dismiss the complaint and also moves for sanctions. Xu separately moves for leave to file an amended complaint. For the reasons that follow, the Court grants BMC’s motion to dismiss with leave to amend. The Court also denies BMC’s motion for sanctions and denies as moot Xu’s motion for leave to file an amended complaint. BACKGROUND In September 2021, Xu sought to refinance his home and obtained a loan of nearly $2 million from BMC. In…