Marolda

MEMORANDUM & ORDER

Plaintiff Diane Marolda (“Marolda”) brings this action on behalf of herself and all others similarly situated against defendant Symantec Corp. (“Symantec”), seeking damages for violations of the Con sumer Legal Remedies Act, the False Advertising Law, and the Unfair Competition Law, as well as for breach of contract, breach of covenant of good faith and fair dealing, money had and received, and unjust enrichment. She also seeks declaratory judgment against defendant. Now before the court is defendant’s motion to dismiss plaintiffs first amended complaint for failure to state a claim, pursuant to Federal Rule of Civil Procedure 12(b)(6). Having considered the parties’ arguments and submissions, and for the reasons set forth below, the court enters the following memorandum and order.

BACKGROUND

Marolda is a resident of New Jersey. Symantec, a corporation headquartered in California, specializes in anti-virus software for personal computers. Its software products may be purchased and downloaded directly from Symantec’s website. The court notes that while plaintiffs complaint does not specify the citizenship of the parties, defendant failed to raise any…