Ramirez
Ramirez v. Bank of America, N.A.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ANTHONY RAMIREZ, MYNOR Case No. 4:22-cv-00859-YGR
VILLATORO ALDANA, AND JANET
HOBSON, on behalf of themselves and ORDER DENYING MOTION FOR those similarly situated, INTERLOCUTORY REVIEW AND STAY Plaintiff, Dkt. No.: 59 10 v.
BANK OF AMERICA, N.A.,
12 Defendant.
Defendant Bank of America, N.A. (“BANA”) moves this Court for an order certifying for interlocutory review this Court’s October 7, 2022 order denying BANA’s motion to dismiss plaintiffs’ amended complaint, and for a stay of this litigation pending such review. Defendant avers that a recent decision in the Eastern District of California case Fitzpatrick v. Capital One Bank (USA), N.A., No. 2:22-cv-00312-MCE-DB, ECF No. 41 (E.D. Cal.) addressed similar factual allegations and claims as those alleged here and reached conclusions contrary to those reached by this Court, creating a conflict of law requiring interlocutory review. Specifically, BANA seeks to certify: “whether its denial of a consumer’s request to…