BPi Bright Power, Inc. v. Umpqua Holding Corporation d/b/a Umpqua Bank

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BPI BRIGHT POWER, INC., Case No. 22-cv-03285-JD

Plaintiff,

ORDER RE MOTIONS TO DISMISS

v.

UMPQUA HOLDING CORPORATION D/B/A UMPQUA BANK, et al., 11 Defendants.

12 Plaintiff BPi Bright Power Inc. alleges in a second amended complaint (SAC) that scammers impersonated a business partner and duped BPi into transferring more than $150,000 to the scammers’ bank account. Dkt. No. 42. ¶¶ 2-8. BPi sued its bank, defendant Umpqua Holding Corporation, and the scammers’ bank, defendant Wells Fargo N.A., for failing to prevent the fraud. Id. ¶¶ 17-30. The claims in the SAC are negligence and breach of implied contract against Umpqua, and claims for negligence and breach of Section 11207 of the California Commercial Code against Wells Fargo. Umpqua and Wells Fargo ask to dismiss the SAC under Federal Rule of Civil Procedure 12(b)(6). Dkt. Nos. 43, 44. The parties’ familiarity with the record is assumed, and the claims against Umpqua and Wells Fargo are dismissed with leave to…