Aguayo

Aguayo v. U.S. Bank

Good Law
658 F. Supp. 2d 1226·2009 WL 3149607·2009 U.S. Dist. LEXIS 94439
United States District Court, Southern District of CaliforniaSeptember 24, 20093:08-cr-02139California4,136 words

Opinion

Opinion

Whelan, J.

ORDER GRANTING U.S. BANK’S MOTION TO DISMISS

Pending before the Court is Defendant U.S. Bank’s motion to dismiss and motion to strike. Along with the motions, U.S. Bank has also filed a request for judicial notice. Plaintiff Jose Aguayo opposes the motion to dismiss and strike.

The Court decides the matter on the papers submitted and without oral argument. See S.D. Cal. Civ. R. 7.1(d.l). Because the documents attached to the request for judicial notice are not subject to reasonable dispute, the Court GRANTS the request for judicial notice (Doc. No. 17). And for the following reasons, the Court GRANTS the motion to dismiss (Doc. No. 15) and DENIES the motion to strike (Doc. No. 16) as moot.

I. Background

The relevant facts for the pending motion are as follows.

Defendant U.S. Bank is a national banking association organized under the National Bank Act, 12 U.S.C. §§ 21 et seq. (Def.’s RJN [Doc. No. 17], Ex. A at 32, Ex. B at 36.) U.S. Bank has branch offices in 26 states, with its main office in Ohio. (Id., Ex. B at 36.)

On or about August 10, 2003, Plaintiff Jose Aguayo purchased a Ford Expedition for personal use from a dealership in California. (Compl. [Doc. No. 1, Ex. A],…

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