Maystrenko

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 3 ALEXANDR MAYSTRENKO, et al., Case No. 21-cv-00133-JD

Plaintiffs,

ORDER RE MOTION TO DISMISS

v. 6 Re: Dkt. No. 21 WELLS FARGO, N.A., Defendant.

9 Plaintiffs Alexandr Maystrenko and Ekaterina Maistrenko are Russian nationals living in California while their asylum applications are being reviewed. They say that defendant Wells Fargo denied them banking services, such as checking accounts and credit vehicles, based on a policy and practice of discriminating against non-United States citizens. On behalf of themselves and a nationwide and California class of similarly situated individuals, plaintiffs allege that this violates 42 U.S.C. § 1981 and the California Unruh Civil Rights Act. Dkt. No. 1. Wells Fargo has asked to dismiss the complaint under Federal Rule of Civil Procedure 12(b)(1) for lack of standing, and under Rule 12(b)(6) for failure to state a plausible claim. Dkt. No. 21. The motion is denied on both grounds. BACKGROUND As alleged…