Davis v. HSBC Bank Nevada, N.A.

The district court properly incorporates extrinsic evidence in a 12(b)(6) motion when the evidence is referenced in the complaint and the party opposing incorporation fails to challenge its authenticity by arguing that he lacked access to the evidence.

In this class action suit, Gary Davis alleged that HSBC Bank Nevada and Best Buy (collectively "Defendants") defrauded California customers by offering credit cards without adequately disclosing that the cardholder would be subject to an annual fee. Davis filed suit in district court. Defendants filed a Rule 12(b)(6) motion to dismiss, along with a motion requesting judicial notice of disclosure documents in support of their motion. The district court granted the motion, and Davis appealed. Davis argued that the district court erred when it considered the extrinsic evidence, the disclosure documents, in its order dismissing his complaint. The Court held that the district court’s judicial notice of the disclosure documents was proper. The documents where incorporated in the complaint by reference and Davis did not properly challenge the authenticity of the documents by claiming that he did not have access to the proffered copies. AFFIRMED.