Cuella Gomez v. JP Morgan Chase Bank, N.A.

INTRODUCTION

21 Pending before the Court is Defendant JP Morgan Chase Bank, N.A.’s (“Defendant” 22 or “Chase”) Motion to Dismiss Plaintiff’s Second Amended Complaint (“SAC”), which 23 was filed on May 30, 2024. ECF No. 21 (“Motion” or “Mot.”). Plaintiff Emanuel Norberto 24 Cuellar Gomez (“Plaintiff”) filed an Opposition on June 28, 2024, and Defendant filed a 25 Reply on July 10, 2024. ECF No. 24 (“Opp’n”); ECF No. 25 (“Reply”). Also before the 26 Court is Defendant’s Request for Judicial Notice. ECF No. 21-2 (“RJN”). The motions 27 are decided on the parties’ briefs without oral argument pursuant to Civil Local Rule 28 7.1.d.1. After a thorough review of the record, and for the reasons set forth below, the Court DENIES Defendant’s request for judicial notice and GRANTS IN PART AND DENIES IN PART Defendant’s Motion to Dismiss. BACKGROUND On March 2, 2023, Plaintiff filed his First Amended Complaint (“FAC”) against Defendant alleging violations of the Electronic Fund Transfer Act (“EFTA”), California Unfair Competition Law (“UCL”), breach of contract, and negligence. See ECF No. 9. Upon Defendant’s motion to dismiss…