MARGARET IWEZE-PLATT VS BANK OF AMERICA CORP

Case No.: BC612873    



MARGARET TWEZE-PLATT V. BANK OF AMERICA CORP, BC612873

[Tentative] Order RE:

defendant bank of america, n.a.’s demurrer to first amended complaint

Defendant BANK OF AMERICA, N.A.’S demurrer to the First Amended Complaint is SUSTAINED WITHOUT LEAVE TO AMEND.

Background

Plaintiff Margaret Iweze-Platt (“Plaintiff”) filed this action on March 7, 2016 against Defendant Bank of America, N.A. (“Defendant”). The original Complaint asserted one cause of action for fraud. Defendant demurred to the Complaint. On August 24, 2016 the Court sustained Defendant’s demurrer with leave to amend. Plaintiff filed the operative First Amended Complaint (“FAC”) on December 5, 2016.

The FAC alleges the following relevant facts: On March 14, 2012, Plaintiff opened a business banking account with Defendant. (FAC ¶7.) The account was set up by Plaintiff primarily to aid her in managing anticipated financial tr........