Fierro

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 PATRICIA FIERRO, Case No. 22-cv-00493-BAS-BLM 12 Plaintiff, ORDER GRANTING IN PART AND DENYING IN PART v. DEFENDANT’S MOTION TO DISMISS (ECF No. 5) CAPITAL ONE, N.A., 16 Defendant. 17 Plaintiff Patricia Fierro filed this action against Defendant Capital One, N.A. asserting state law claims arising out of a dispute involving her automobile financing. (Compl., Ex. A to Notice of Removal, ECF No. 1.) Defendant, invoking federal diversity jurisdiction, removed the case to federal court and filed a motion to dismiss pursuant to Federal Rule of Civil Procedure (“Rule”) 12(b)(6). (Mot., ECF No. 5.) Plaintiff opposes the motion (Opp’n, ECF No. 6) and Defendant replies (Reply, ECF No. 10). For the following reasons, the Court GRANTS IN PART and DENIES IN PART Defendant’s motion, and GRANTS Plaintiff leave to amend her complaint to correct the deficiencies noted in this Order. 27 I. BACKGROUND In August 2014,…