Fernani Narvasa v. U.S. Bancorp

MEMORANDUM **

Fernani Narvasa (“Narvasa”) appeals the Federal Rule of Civil Procedure (“Rule”) 12(b)(6) dismissal of her action against U.S. Bancorp (“Bancorp”) which relied on preemption through the National Bank Act (“NBA”), 12 U.S.C. § 24, and its corresponding regulations, 12 C.F.R. § 34.4(a)(9) (2018). We decline to address the preemption question and affirm on the alternative ground that the complaint failed to adequately allege a plausible theory of liability.

Narvasa’s claims stemmed from an alleged violation of California Civil Code § 2923.6(f)(3) (2017) (repealed 2018), which required…