“Nothing in the complaint plausibly suggests that the bank joined a fraudulent enterprise,” said Western Alliance’s legal team. The motion also highlights that the complaint’s most specific allegations—regarding communications about missing loan documentation in early 2024—actually show the bank was simply following standard procedures for securing the loan documentation.
The Path Ahead: A Rocky Road for AHP Capital
As the case moves forward, AHP Capital faces a steep uphill battle to prove its claims against Western Alliance. The bank’s motion to dismiss underscores the weaknesses in the lawsuit and seeks to end the case before it advances further. Craig Solomon Ganz of Ballard Spahr LLP, representing the bank, emphasized that the lawsuit is an attempt to “harass even nominal defendants like our client.”
With the lawsuit still in its early stages, it remains to be seen whether AHP will be able to gather the evidence necessary to sustain its claims, or whether Western Alliance will successfully have the case dismissed entirely.
