Stencel

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 MARIBETH STENCEL, Case No. 24-cv-01535-MMC

Plaintiff, ORDER GRANTING LYFT'S MOTION v. TO DISMISS FIRST AMENDED

COMPLAINT

LYFT, INC., Re: Dkt. No. 35 Defendant.

13 Before the Court is defendant Lyft, Inc.’s (“Lyft”) “Motion to Dismiss First Amended Complaint,” filed July 19, 2024, pursuant to Rules 12(b)(6) and 9(b) of the Federal Rules of Civil Procedure. Plaintiff Maribeth Stencel (“Stencel”) has filed opposition, to which Lyft replied. Having read and considered the papers filed in support of and in opposition to the motion, the Court VACATES the hearing scheduled for September 13, 2024, and rules as follows. BACKGROUND Stencel, a resident of Arizona, alleges that on August 6, 2022, she was sexually assaulted by her Lyft driver. (See First Amended Complaint (“FAC”) ¶¶ 9, 134–141, Doc. No. 26.) Specifically, she alleges she “ordered a Lyft ride” during which she “began to…