ORDER DENYING MOTION TO DISMISS DEAN D. PREGERSON, District Judge. This matter comes before the Court on defendants' motion to dismiss the First Amended Complaint ("FAC") for failure to state a claim upon which relief can be granted. After reviewing the materials submitted by the parties and considering all the arguments therein, the Court denies the motion and adopt the following order. I. BACKGROUND A. Factual History In November 2005, Victoria Gonzalez, the plaintiff, purchased a...