Yamauchi

ORDER GRANTING DEFENDANTS’ MOTIONS TO DISMISS

(Docket Nos. 64, 65, 70)

Pending before the Court are Defendants Bank of America, N.A., 1 Citigroup, Inc., and John Cotterman’s motions to dismiss Jonathan Yamauchi’s amended complaint (Docket No. 61 (“Amended Complaint”)). Plaintiff Jonathan Yamauchi (‘Yamauchi”) has alleged claims for breach of fiduciary duty, negligent misrepresentation, fraudulent misrepresentation, fraud, and declaratory relief against all Defendants.

I. FACTUAL & PROCEDURAL BACKGROUND

In March of 2014, Yamauchi sued Defendants John Cotterman (“Cotterman”), Citigroup, Inc. (“Citigroup”), and Bank of America, N.A. (“BANA”). 2 Yamauchi sued Cotterman in his individual capacity and as trustee for the Echelon Mortgage Corporation’s 401(k) Profit Sharing Plan. Yamauchi sued Citigroup and BANA (collectively the “Banks” or “Bank Defendants”) as successors in interest or as *1001 signees to certain residential loans or to payments/liabilities associated with those loans.

The Court previously granted Defendant Cotterman and Citigroup’s motions to dismiss, because Yamauchi’s claims were time-barred, and he did not plead any exception to the statute of limitations.…