The following excerpt is from Flores v. Wells Fargo Bank, N.A., No. 2:20-cv-01162-KJM-CKD PS (E.D. Cal. 2020):
Having found that plaintiff's complaint should be dismissed, the court must consider whether plaintiff should be allowed to amend his complaint. See Polich v. Burlington N., Inc., 942 F.2d 1467, 1472 (9th Cir. 1991) (holding that dismissal without leave to amend is improper unless it is clear that the complaint could not be saved by further amendment). Given that plaintiff's complaint is premised on an invalid securitization theory and an incorrect interpretation of the FDCPA, the undersigned finds that leave to amend would be futile and therefore recommends dismissing plaintiff's complaint without leave to amend.
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