Robinson

ORDER GRANTING MOTION TO DISMISS

Currently before the Court is defendant’s motion to dismiss. The matter came before the Court for hearing on July 30, 2010. Having considered the papers and arguments made, for the reasons set forth below, the Court GRANTS the motion to dismiss with prejudice.

BACKGROUND

Plaintiffs allege that on or about October 21, 2009, defendant HSBC Bank USA (“HSBC”), circulated a full-page, double-sided print advertisement (“Ad”) inserted into the San Francisco Chronicle which prominently features a photograph of the “street-facing side” of plaintiffs’ house (“the Property”). First Amended Complaint (“FAC”) ¶ 19. On the first page of the Ad, there is a photograph showing the second and third stories of two Victorian homes. FAC, Exhibit A. Tagged onto the photograph are the words “A Mortgage To Match Your Ambitions. Wherever The World Takes You.” FAC ¶ 20 & Ex. A. On the back of the Ad, HSBC advertises its “Premier Mortgage,” giving details of the offer and HSBC’s contact information. FAC ¶ 20. The back contains more advertising copy that reads, “Around the block or halfway around the globe, a Premier mortgage opens up a world of possibilities. Your…