HICKCOX-HUFFMAN

HICKCOX-HUFFMAN v. US Airways, Inc.

Good Law

788 F. Supp. 2d 1036·2011 WL 1585560·2011 U.S. Dist. LEXIS 45681

United States District Court, Northern District of CaliforniaApril 27, 2011C10-05193 HRLCalifornia2,715 words

Opinion

Lloyd, J.

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS

BACKGROUND

Hayley Hickcox-Hufftnan (“Plaintiff’) alleges that she purchased a one-way airline ticket from U.S. Airways Group, Inc. (“USAGI”) and U.S. Airways, Inc. (“USAI”) (collectively, “Defendant” ) on May 2, 2009 to travel from Colorado Springs, Colorado to San Luis Obispo, California on an unspecified date. Docket No. 21 (“First Amended Complaint” or “FAC”) ¶ 14. While at an airport in Colorado Springs on that unspecified date, she checked one bag with Defendant’s agent and paid a $15 baggage, fee. Id. Plaintiff boarded her flight and flew to San Luis Obispo. Id. ¶ 15. When she arrived, her bag was not there. Id. She notified Defendant of this and filed a report. Id. Defendant was unable to locate her bag until the following day. Id. Defendant did not return the $15 baggage fee that Plaintiff paid. Id. ¶ 16.

Plaintiff subsequently filed this putative class action against Defendant. See FAC. The gravamen of Plaintiffs action is set forth in Paragraph 12 of the First Amended Complaint:

FAC ¶ 12. Accordingly, Plaintiff has brought the following eight claims against Defendant: (1) breach of a “self-imposed undertaking” that…

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