Montes
Montes v. Capital One Financial Corporation
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 OMAR MONTES, Case No. 23-cv-04052-BLF
Plaintiff,
ORDER GRANTING MOTION TO
v. DISMISS
CAPITAL ONE, NATIONAL [Re: ECF No. 27]
ASSOCIATION,
11 Defendant. 12 Before the Court is Defendant Capitol One, National Association’s (“Capitol One”) motion to dismiss Plaintiff Omar Montes’ Second Amended Complaint. ECF No. 27 (“Mot.”); ECF No. 34 (“Reply”). Plaintiff opposes. ECF No. 32 (“Opp.”). The Court held a hearing on April 11, 2024, during which the Court issued oral rulings. ECF No. 36. The Court here summarizes those oral rulings. I. BACKGROUND Plaintiff’s Second Amended Complaint alleges that he “applied for a Quicksilver credit card on Capital One’s website in December 2022 after receiving a targeted offer on Instagram that offered a cash sign-up bonus.” ECF No. 26 (“SAC”) ¶ 25. Plaintiff alleges that the targeted offer “stated that Capital One offered a $200…