Ray Montgomery, et al. v. U.S. Bank, N.A., as Trustee for MLM1 Trust Series 2006-HE4, Bank of America

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 RAY MONTGOMERY, et al., Case No. 25-cv-03571-HSG

Plaintiffs, ORDER GRANTING DEFENDANTS’

MOTION TO DISMISS

v. Re: Dkt. Nos. 7 U.S. BANK, N.A., AS TRUSTEE FOR

MLM1 TRUST SERIES 2006-HE4, BANK

OF AMERICA,

Defendant.

Defendants1 move to dismiss the complaint. Dkt. No. 7. The Court finds this matter appropriate for disposition without oral argument, and it is deemed submitted. See Civil L.R. 7- 1(b). The Court GRANTS Defendants’ motion to dismiss. I. REQUEST FOR JUDICIAL NOTICE Defendants filed a request for judicial notice in support of their motion to dismiss. Dkt. No. 8. Plaintiffs do not oppose Defendants’ request. In Khoja v. Orexigen Therapeutics, the Ninth Circuit discussed the judicial notice rule and incorporation by reference doctrine. See 899 F.3d 988 (9th Cir. 2018). Under Federal Rule of Evidence 201, a court may take judicial notice of a fact “not subject to reasonable dispute because it . . . can be…