Nachack

Nachack v. Walmart Inc.

Good Law
United States District Court, Northern District of CaliforniaOctober 23, 20245:24-cv-00027California805 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 YSABELLE BOUACHANH NACHACK, Case No. 24-cv-00027-SVK

Plaintiff,

ORDER GRANTING

v. MOTION TO DISMISS

FIFTH CAUSE OF ACTION

WALMART INC., WITHOUT LEAVE TO AMEND Defendant. Re: Dkt. No.

Self-represented Plaintiff alleges that she purchased a product from Defendant Walmart Inc.’s (“Walmart”) website, and that when she subsequently went to a physical Walmart store to return the item, a store manager verbally and physically assaulted her and accused her of theft. See Dkt. 39 (the “SAC”). She commenced this action to pursue five causes of action against Walmart, including a claim of racial discrimination in violation of California’s Unruh Civil Rights Act. See id. ¶¶ 49-55. Upon Walmart’s first motion to dismiss the racial-discrimination claim, the Court dismissed the claim because Plaintiff had not “offer[ed] sufficient facts demonstrating, or from which the Court c[ould] reasonably infer, that Walmart…

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