Allison

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

9 MATTHEW ALLISON, Case No. 22-cv-0510-BAS-AHG Plaintiff,

ORDER GRANTING DEFENDANT’S

v. MOTION TO DISMISS (ECF No. 5)

WELLS FARGO BANK, N.A., Defendant.

Before the Court is Defendant’s motion brought pursuant to Federal Rule of Civil Procedure (“Rule”) 12(b)(6) to dismiss this action. (Mot., ECF No. 5.) Plaintiff opposes (Opp’n, ECF No. 6), and Defendant replies (Reply, ECF No. 7). Having considered the parties’ filings, the Court GRANTS Defendant’s Motion and GRANTS Plaintiff leave to amend. I. BACKGROUND1 In 2019, Defendant issued Plaintiff an unsecured consumer credit card. (Compl. ¶ 24.) In November 2021, Plaintiff defaulted on his credit accounts with Defendant, and Defendant began calling Plaintiff’s cellular phone requesting payment. (Id. ¶ 26.) Plaintiff

1 The facts are all taken from the Complaint (Compl., ECF No. 1). For the pending Motion, the Court accepts all of Plaintiff’s factual allegations as true. See Safe Air for…