Rukstalis
James Rukstalis, et al. v. Kinecta Federal Credit Union, et al.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JAMES RUKSTALIS, et al., Case No. 25-cv-03943-NW
Plaintiffs,
ORDER DISMISSING PLAINTIFFS’
v. FAC
KINECTA FEDERAL CREDIT UNION, et Re: ECF No. 30 al., 11 Defendants.
12 Before the Court is Defendant Kinecta Federal Credit Union’s (“Kinecta”) motion to dismiss Plaintiffs’ first amended complaint (“FAC”). Having reviewed the FAC and the papers, the Court DISMISSES WITHOUT PREJUDICE the FAC in full. The Court granted Kinecta’s previous motion to dismiss Plaintiffs original complaint without prejudice. ECF No. 29. However, if Plaintiffs wanted to amend their breach of contract claim, the Court ordered that Plaintiffs must include a copy of the Loan Agreement, which Plaintiffs failed to do. The Loan Agreement, signed by Plaintiffs, certified by a notary public, and dated contemporaneously with the Deed of Trust, is a crucial component of Plaintiffs’ allegations against Kinecta. Irrespective of whether the Loan Agreement was recorded in the…