Marseglia

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT CHASE BANK USA, NA’S MOTION TO DISMISS AND MOTION TO STRIKE FIRST AMENDED COMPLAINT [DOC. # 7]

INTRODUCTION

Currently pending before this Court is the motion to dismiss and to strike plaintiffs Eugene Marseglia and Sharon Lytle’s (collectively “plaintiffs”) first amended complaint filed by defendant Chase Bank USA, NA (“defendant” or “Chase”). The motion has been fully briefed by the parties. After a careful consideration of the pleadings and relevant exhibits submitted by the parties, and for the reasons set forth below, this Court GRANTS IN PART and DENIES IN PART defendant’s motion.

BACKGROUND

Plaintiffs initially filed their complaint in the San Diego Superior Court on October 13, 2009. Defendant removed the complaint to this Court on December 21, 2009. On December 22, 2009, defendant filed a motion to dismiss plaintiffs’ original complaint. In lieu of an opposition to defendant’s motion, plaintiffs filed an ex parte motion seeking leave to amend the complaint in order to cure the deficiencies presented in the motion. This Court, on February 17, 2010, granted plaintiffs’ ex parte motion for leave to amend and directed…