Xu

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JING XU, Case No. 5:23-cv-05510-PCP

Plaintiff,

ORDER GRANTING IN PART AND

v. DENYING IN PART MOTION TO

DISMISS

BETTER MORTGAGE CORPORATION, et al., Re: Dkt. No. 56 11 Defendants.

12 Plaintiff Jing Xu brings this lawsuit against defendants Better Mortgage Corporation and The Money Source alleging negligent misrepresentation and violations of the Fair Credit Reporting Act (FCRA) and California’s Unfair Competition Law (UCL). Better Mortgage moves to dismiss Xu’s first amended complaint under Rule 12(b)(6). For the following reasons, the Court grants in part and denies in part Better Mortgage’s motion to dismiss. BACKGROUND In September 2021, Xu sought to refinance his home and obtained a loan of nearly $2 million from Better Mortgage.1 In October 2021, Xu purportedly received an email from Better Mortgage instructing him to set up an online account with The Money Source,…