Filed: Nov. 08, 2019
Latest Update: Nov. 08, 2019
Summary: ORDER GRANTING DEFENDANTS' MOTION TO DISMISS; AFFORDING LEAVE TO AMEND Re: Dkt. No. 28 MAXINE M. CHESNEY , Senior District Judge . Before the Court is defendants' "Motion," filed August 23, 2019, "to Dismiss for Lack of Personal and Subject Matter Jurisdiction and Failure to State a Claim for Relief." Having read and considered the papers filed in support of the motion, the Court rules as follows. 1 1. For the reasons stated by defendants, the Court finds plaintiffs have failed to allege
Summary: ORDER GRANTING DEFENDANTS' MOTION TO DISMISS; AFFORDING LEAVE TO AMEND Re: Dkt. No. 28 MAXINE M. CHESNEY , Senior District Judge . Before the Court is defendants' "Motion," filed August 23, 2019, "to Dismiss for Lack of Personal and Subject Matter Jurisdiction and Failure to State a Claim for Relief." Having read and considered the papers filed in support of the motion, the Court rules as follows. 1 1. For the reasons stated by defendants, the Court finds plaintiffs have failed to allege ..
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ORDER GRANTING DEFENDANTS' MOTION TO DISMISS; AFFORDING LEAVE TO AMEND
Re: Dkt. No. 28
MAXINE M. CHESNEY, Senior District Judge.
Before the Court is defendants' "Motion," filed August 23, 2019, "to Dismiss for Lack of Personal and Subject Matter Jurisdiction and Failure to State a Claim for Relief." Having read and considered the papers filed in support of the motion, the Court rules as follows.1
1. For the reasons stated by defendants, the Court finds plaintiffs have failed to allege or otherwise show this Court can exercise personal jurisdiction over any defendant other than Safeway Inc. ("Safeway"),2 plaintiffs having failed to plead or otherwise offer facts to support a finding that any such other defendant is either incorporated, headquartered, or otherwise "at home" in California, see Goodyear Dunlop Tires Operations, S.A. v. Brown, 564 U.S. 915, 919 (2011), or, alternatively, that the instant action "arise[s] out of" any such defendant's "contacts with [said] forum," see Bristol-Myers Squibb v. Superior Court, 137 S.Ct. 1773, 1780 (2017) (internal alteration omitted).3
2. For the reasons stated by defendants, plaintiffs' Third Cause of Action, alleging a violation of California Civil Code § 1785.20.5(a), is subject to dismissal, as plaintiffs have failed to show the reports on which they rely in support of such claim contain information "bearing on [their] credit worthiness, credit standing, or credit capacity." See Cal. Civ. Code § 1785.3(c).
Accordingly, defendants' motion to dismiss is hereby GRANTED, the complaint is DISMISSED in its entirety as to all defendants other than Safeway, and, as to Safeway, the Third Cause of Action is dismissed. If plaintiffs wish to file an amended complaint, they shall do so no later than December 3, 2019. If an amended complaint is not filed, the above-titled action will proceed on the remaining claims against Safeway.
IT IS SO ORDERED.
