Durkee
Durkee v. Bank of America, N.A.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ANDREA F. DURKEE, on behalf of Case No.: 20-cv-00347-DMS-LL herself and all others similarly situated,
ORDER GRANTING MOTION TO
Plaintiffs, DISMISS v. 14 BANK OF AMERICA, N.A., and DOES 15 1-100, inclusive, 16 Defendant. 17 18 Pending before the Court is Defendant Bank of America’s motion to dismiss Plaintiff Andera F. Durkee’s First Amended Complaint (“FAC”). Plaintiff filed a response in opposition, and Defendant filed a reply. For the following reasons, the Court grants Defendant’s motion to dismiss. I. BACKGROUND On November 25, 2019, Plaintiff was traveling in Cabo San Lucas, Mexico and withdrew $100.00 pesos, or $5.32 U.S. dollars, from an ATM. (FAC ¶ 21). The ATM machine assessed her a $50.00 pesos Value Added Tax (“VAT”) and a $8.00 pesos withdrawal fee. (Id.). Plaintiff refers to these as “Usage Fees.” (Id. at ¶ 2). Plaintiff was assessed additional fees by Defendant,…