TIB-The Independent BankersBank v. Canyon Community Bank

MEMORANDUM OPINION AND ORDER

SIDNEY A. FITZWATER, Chief Judge.

In this removed action alleging claims for breach of contract, unjust enrichment, money had and received, and negligent misrepresentation, defendant moves to dismiss under Fed.R.Civ.P. 12(b)(6). For the reasons that follow, the court grants the motion in part, denies it in part, and grants plaintiff leave to replead.

I

In 2002 plaintiff TIB — The Independent BankersBank (“TIB”) and defendant Canyon Community Bank (“CCB”) entered into a Correspondent Bank Mortgage Loan Agreement (“2002 Agreement”).1 The 2002 Agreement was superseded by…