Burton
Luke Burton v. Alaska Airlines, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 LUKE BURTON, Case No. 25-cv-06156-JSC
Plaintiff,
ORDER RE: MOTION TO DISMISS
v. 9 Re: Dkt. No. 13 ALASKA AIRLINES, INC., Defendant.
12 Plaintiff brings this putative class action alleging Defendant Alaska Airlines unlawfully changed the terms of its Flight Pass subscription program (“the Program”) by unilaterally reducing the number of flights available to subscribers. (Dkt. No. 1 ¶¶ 50, 51.) Plaintiff alleges causes of action for breach of contract and breach of California’s implied covenant of good faith and fair dealing; unjust enrichment; and violations of consumer protection statutes in Arizona, California, Nevada, Utah, and Washington. Defendant moves to dismiss Plaintiff’s claims. For the reasons set forth below, and after having had the benefit of oral argument on November 20, 2025, the Court GRANTS Defendant’s motion, without leave to amend. The Program’s Terms and Conditions expressly authorized Defendant to modify or terminate the Program at…