Heaton
Heaton v. Wells Fargo Bank, N.A.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA San Francisco Division STEVEN HEATON, Case No. 21-cv-05253-LB
Plaintiff,
ORDER DISMISSING CASE
v. Re: ECF No. 13 WELLS FARGO BANK, N.A., et al., Defendants. 16 The court can decide Wells Fargo’s motion to dismiss without oral argument, N.D. Cal. Civ. L.R. 7-1(b), and dismisses the case with leave to amend. First, to the extent that the plaintiff claims a violation of the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681s-2(a)(3), for the completeness and accuracy of information provided to a credit-reporting agency, there is no private right of action. Gorman v. Wolpoff & Abramson, LLP, 584 F.3d 1147, 1154, 1162 (9th Cir. 2009). Similarly, there is no private right of action under § 1681s-2(a)(8)(E) and (F). Gomez v. Bayview Loan Servicing, LLC, No. 3:14-cv-04004- CRB, 2015 WL 433669, at *5 (N.D. Cal. Feb. 2, 2015). Second, the plaintiff did not plausibly plead a claim under 15 U.S.C. § 1681s-2(b). His …