Kyle Ash v. Axos Bank

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 KYLE ASH and MOSHE STEMPEL, Case No.: 24-cv-1157-RSH-BJC individually and on behalf of all others 12 similarly situated, ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S Plaintiffs,

MOTION TO COMPEL

14 v. ARBITRATION OR DISMISS 15 AXOS BANK, d/b/a UFB DIRECT, [ECF No. 33] 16 Defendant. 17 18 Before the Court is a motion to compel arbitration or to dismiss, filed by defendant Axos Bank d/b/a UFB Direct (“UFB”). ECF No. 33. Pursuant to Local Civil Rule 7.1(d)(1), the Court finds the motion presented appropriate for resolution without oral argument. For the reasons below, the Court grants in part and denies in part UFB’s motion. I. BACKGROUND The instant case is a putative class action brought by customers holding savings accounts with UFB. It is one of several related cases pending in this District. See In re 27 28 Axos Bank Litigation, 3:23-cv-2266-RSH-SBC, Pliszka v. Axos Bank,…