Roberts

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DAMIAN ROBERTS,

Plaintiff, No. 2:25-cv-01484-TLN-DMC

13 v. ORDER PLUMAS BANK and REAL TIME AUTO

RECOVERY,

16 Defendants.

18 This matter is before the Court on Defendant Plumas Bank’s (“Defendant”) Motion to Dismiss. (ECF No. 7.) Plaintiff Damian Roberts filed an opposition. (ECF No. 9.) For the reasons set forth below, Defendant’s motion is DENIED. /// /// /// ///

Defendant Real Time Auto Recovery (“RTA Recovery”) is also a named defendant in this action but does not join in the instant motion. The Court shall refer to defendants collectively as “Defendants.” I. FACTUAL AND PROCEDURAL BACKGROUND2 The instant action arises from Defendant’s allegedly unlawful repossession of Plaintiff’s 2023 GMC Sierra truck (the “Vehicle”). (See ECF No. 1.) Plaintiff purchased and financed the Vehicle through a loan with Defendant. (Id. at 3.) After Plaintiff’s wife died and his restaurant was destroyed in a fire, he…