Thrower
Thrower v. Wells Fargo Bank, NA
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DAVID W THROWER, Case No. 24-cv-05047-DMR
Plaintiff,
ORDER ON SPECIAL MOTION TO
v. STRIKE AND MOTION TO DISMISS
WELLS FARGO BANK, NA, Re: Dkt. No. 26 Defendant.
Plaintiff David Thrower filed this action against Defendant Wells Fargo Bank, N.A. (“Wells Fargo”). [Docket No. 1 (Compl.).] Wells Fargo now moves to strike or, in the alternative, to dismiss the complaint pursuant to California’s anti-SLAPP statute, California Code of Civil Procedure section 425.16; and Federal Rules of Civil Procedure 8, 12(b)(1), and 12(b)(6). [Docket No. 26.] For the following reasons, the motion to dismiss is granted. The anti-SLAPP motion is denied for lack of subject matter jurisdiction. I. BACKGROUND Thrower makes the following allegations in the complaint, all of which are taken as true for purposes of these motions. Thrower is a Florida resident and co-owner of the corporation Cerebros Proof Inc. (“Cerebros”).…