Boulton

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JAN 28 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

CYNDY BOULTON, individually, and on No. 23-3145 behalf of all others similarly situated, D.C. No. 2:23-cv-02426-SB-JPR Plaintiff - Appellant,

v. MEMORANDUM*

COMMUNITY.COM, INC.,

Defendant - Appellee.

Appeal from the United States District Court for the Central District of California Stanley Blumenfeld, Jr., District Judge, Presiding

Argued and Submitted January 16, 2025 Pasadena, California

Before: RAWLINSON and M. SMITH, Circuit Judges, and RAKOFF, District Judge.**

Plaintiff Cyndy Boulton appeals the district court’s order dismissing her

complaint against Defendant Community.com (Community) for failure to state a

claim under Fed. R. Civ. P. 12(b)(6). “We review an order granting a motion to

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Jed S. Rakoff, United States District Judge for the Southern District of New York, sitting by…