Sterling Park LLC v. Axos Financial, Inc.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 12 STERLING PARK, LLC, Case No.: 21-CV-01347 W (BLM)

Plaintiff,

ORDER GRANTING (1) REQUEST

v. FOR JUDICIAL NOTICE [DOC. 12- 1]; (2) AXOS’ MOTION TO DISMISS AXOS FINANCIAL, INC., et al.,

WITHOUT LEAVE TO AMEND

Defendants. [DOC. 12]; AND (3) HAMILTON’S

MOTION TO DISMISS WITH

LEAVE TO AMEND [DOC. 13]

19 Pending before the Court are motions to dismiss the First Amended Complaint (“FAC”) under Federal Rule of Civil Procedure 12(b) filed by Defendants Axos Financial Inc. (“Axos Financial”) and Hamilton Insurance DAC (“Hamilton”). Along with the motion, Defendant Axos Financial has also filed a request for judicial notice. Plaintiff Sterling Park, LLC (“Sterling”) opposes. The Court decides the matters on the papers submitted and without oral argument. Civ. L.R. 7.1(d.1). For the following reasons, the Court GRANTS the request for judicial notice [Doc. 12-1], GRANTS Axos Financial’s motion…