(CONSENT) A.B. Concrete Coating Inc. v. Wells Fargo Bank, N.A.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 A.B. CONCRETE COATING INC., No. 2:20-cv-0211-EFB Plaintiff, v. ORDER WELLS FARGO BANK, N.A., et al., Defendants. 15 Plaintiff initiated this action in Placer County Superior Court; it was removed to this court by defendant Wells Fargo Bank, N.A., on January 29, 2020 on the basis of diversity jurisdiction.1 ECF No. 1. Wells Fargo previously moved to dismiss the complaint for failure to state a claim pursuant to Rule 12(b)(6). ECF No. 7. The motion was granted with leave to amend as to all but one claim. Plaintiff’s claim for conversion under California Commercial Code § 3420(a) was dismissed with prejudice, and all remaining claims were dismissed with leave to amend. ECF No. 14 at 12. Plaintiff has since filed a first amended complaint (ECF No. 17) which Wells Fargo now moves to dismiss, again for failure to state a claim (ECF No. 18). For the reasons that follow, the court finds that the motion must be granted with…