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,

SECOND ORDER RE DISMISSAL

v.

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

12 Plaintiff BPi Bright Power Inc. alleges that scammers impersonated its business partner and duped BPi into transferring more than $150,000 to the scammers’ bank account. Dkt. No. 51 ¶¶ 6-9. In addition to suing the scammers as “Doe” defendants, who remain unknown and unnamed, BPi sued its bank, defendant Umpqua Bank, and the scammers’ bank, defendant Wells Fargo N.A., for not preventing the fraud. BPi alleges claims of negligence and breach of implied contract against Umpqua, and negligence and breach of section 11207 of the California Commercial Code against Wells Fargo. See Dkt. No. 51. The Court dismissed the second amended complaint (SAC) with leave to amend. Dkt. No. 50. BPi filed a third amended complaint (TAC), Dkt. No. 51, which Umpqua and Wells Fargo ask to dismiss under Federal Rule of Civil…