Cao
Cao v. Bank of America, N.A.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 KAI CAO, Case No. 24-cv-01195-JD
Plaintiff,
ORDER RE DISMISSAL
v.
BANK OF AMERICA, N.A., Defendant.
12 Plaintiff Kai Cao sued defendant Bank of America, N.A. (BANA) in connection with BANA’s attempts to collect on a credit-card charge that Cao alleges was fraudulently incurred on his account. See, e.g., Dkt. No. 31 (TAC) ¶¶ 2, 4-7. The suit was removed from Alameda County Superior Court. Dkt. No. 1. Early in the litigation, BANA filed two motions to dismiss, Dkt. Nos. 5, 19, and Cao filed two amended complaints, Dkt. No. 13, 17. The Court dismissed the second- amended complaint with leave to amend on the ground that it failed to plausibly allege claims under the Fair Credit Reporting Act (FCRA), Pub. L. No. 91-508, 84 Stat. 1114 (codified at 15 U.S.C. §§ 1681 et seq.). Dkt. No. 30. Cao timely filed a third-amended complaint, which alleges claims under the California Identity Theft Act (CITA), Cal. Civ. Code §§ 1798.92 et seq. (Count I), the…