Ray Montgomery, et al. v. U.S. Bank, N.A., as Trustee for MLM1 Trust Series 2006-HE4, Bank of America
Opinion
trial_court Opinion
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 RAY MONTGOMERY, et al., Case No. 25-cv-03571-HSG
8 Plaintiffs, ORDER GRANTING DEFENDANTS’
MOTION TO DISMISS
9 v. Re: Dkt. Nos. 7 10 U.S. BANK, N.A., AS TRUSTEE FOR
MLM1 TRUST SERIES 2006-HE4, BANK
11 OF AMERICA,
12 Defendant.
13 Defendants1 move to dismiss the complaint. Dkt. No. 7. The Court finds this matter 14 appropriate for disposition without oral argument, and it is deemed submitted. See Civil L.R. 7- 15 1(b). The Court GRANTS Defendants’ motion to dismiss. 16 I. REQUEST FOR JUDICIAL NOTICE 17 Defendants filed a request for judicial notice in support of their motion to dismiss. Dkt. 18 No. 8. Plaintiffs do not oppose Defendants’ request. In Khoja v. Orexigen Therapeutics, the 19 Ninth Circuit discussed the judicial notice rule and incorporation by reference doctrine. See 899 20 F.3d 988 (9th Cir. 2018). Under Federal Rule of Evidence 201, a court may take judicial notice of 21 a fact “not subject to reasonable dispute because it . . . can be…