ORDER GRANTING MOTION TO DISMISS

(Re: Docket No. 18)

PAUL S. GREWAL, Magistrate Judge.

Defendant Wells Fargo Bank, N.A. moves to dismiss Plaintiffs Leonard G. Cisneros and Gretel R. Cisneros' first amended complaint.1 Wells Fargo's motion to dismiss is GRANTED, with leave to amend.2

The heart of Plaintiffs' allegations is they and Wells Fargo had a deal, and Wells Fargo didn't hold up its side of the bargain. Plaintiffs allege that pursuant to a settlement agreement, they submitted a loan modification application to Wells Fargo, and Wells Fargo never sent them an "actual final written determination of eligibility for this modification."3 But Wells Fargo has submitted copies of letters that it sent to Plaintiffs denying their loan modification application, however,4 and Plaintiffs agree that the court can consider these documents.5 The letters indicate that Wells Fargo reviewed and denied both Plaintiffs' loan modification application and also Plaintiffs' appeal from that denial.

At a hearing today, Plaintiffs did not deny receiving the letters, but argued that the letters are insufficient because they do not comply with the content requirements for a "final written determination." Plaintiffs did not allege that in their first amended complaint, however. Because the letters show that the Plaintiffs were notified in writing of their ineligibility for a loan modification, Wells Fargo's motion to dismiss is GRANTED, with leave to amend. Any amended complaint shall be filed within 30 days.

SO ORDERED.