Datt

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 KANTA DATT, et al., 8 Case No. 5:19-cv-01216-EJD Plaintiffs, 9 ORDER GRANTING DEFENDANT’S v. MOTION TO DISMISS; DENYING 10 PLAINTIFF’S MOTION FOR LEAVE

WELLS FARGO BANK, N.A., TO FILE AN AMENDED COMPLAINT

11 Defendant. Re: Dkt. Nos. 8, 21 12

13 Plaintiffs Kanta and Ram Datt allege that Defendant Wells Fargo Bank fraudulently, 14 negligently, and willfully caused Plaintiffs to pay excessive mortgage and interest payments. See 15 Complaint (“Compl.”), Dkt. 1. Plaintiffs, however, have already litigated most of the claims 16 arising from the alleged overcharging in state court and are thus foreclosed from relitigating them 17 again. The claim not previously litigated is time-barred.1 The Court finds this motion suitable for 18 consideration without oral argument. See N.D. Cal. Civ. L.R. 7-1(b). Having considered the 19 Parties’ papers, Defendant’s…