Akins

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 No. 2:16-cv-01656-TLN-KJN KENNETH AKINS and BONNIE MORRIS AKINS

ORDER GRANTING DEFENDANT’S

REQUEST FOR JUDICIAL NOTICE AND

Plaintiff, GRANTING IN PART AND DENYING IN

PART DEFENDANT’S MOTION TO

v. DISMISS 16 SETERUS, INC., and BANK OF AMERICA, N.A.,

18 Defendants. 19 20 This matter is before the Court pursuant to Defendant Seterus, Inc.’s (“Defendant”) Motion to Dismiss. (ECF No. 30.) Plaintiffs Kenneth and Bonnie Akins (‘Plaintiffs”) oppose Defendant’s motion. (ECF No. 31.) Defendant filed a Reply. (ECF No. 32.) Having carefully considered the briefing filed by both parties, the Court hereby GRANTS in part and DENIES in part Defendant’s Motion to Dismiss. /// /// /// I. FACTUAL AND PROCEDURAL BACKGROUND The following allegations are taken from Plaintiffs’ Second Amended Complaint (“SAC”). (ECF No. 29.) In September 2007, Plaintiffs…