Miller v. Bank of America, N.A.

I. INTRODUCTION

15 16 On April 24, 2024, Defendant Bank of America, N.A. (“BANA”) filed a motion for 17 judgment on the pleadings pursuant to Fed. R. Civ. P. 12(c) on the ground that Plaintiff Charles 18 Miller (“Plaintiff”) has failed to join Plaintiff’s wife as a required party under Fed. R. Civ. P. 19. 19 (Doc. 45.) Plaintiff did not file a response to the motion. (See Docket.) 20 Accordingly, the motion is deemed unopposed, and the hearing set for May 29, 2024, will 21 be vacated. See E.D. Cal. L.R. 230(c), (g). For the reasons set forth below, BANA’s motion for 22 judgment on the pleadings will be granted, with leave to amend. 23 II. BACKGROUND 24 For the purposes of this motion, the Court assumes the truth of the factual allegations in the 25 operative complaint.1 At all relevant times, Plaintiff held at least two bank accounts with BANA. 26 (Doc. 27 ¶ 5.) Plaintiff’s wife Judy Miller (“Wife”)—who is 66 years old and afflicted with early 27 onset dementia—was a joint owner of both accounts. (Id. ¶¶ 5–6.) Plaintiff had instructed BANA 28 1 not to process any transfers over $1,000 from the accounts without written…