Speyer
Speyer v. Avis Rent a Car System, Inc.
Opinion
Opinion
Sabraw, J.
ORDER: (1) DENYING DEFENDANTS’ MOTION TO DISMISS PLAINTIFFS’ FIRST AMENDED COMPLAINT FOR IMPROPER VENUE; AND (2) GRANTING DEFENDANTS’ MOTION TO DISMISS PLAINTIFFS’ FIRST AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM
[Doc. No. 17]
Plaintiffs Margaret Speyer, James McCarthy, and Malcolm Spiro bring this class action on behalf of all California residents who reserved rental cars from Defendants Avis Rent a Car System, Inc. (“Avis”) and Budget Rent a Car System, Inc. (“Budget”) for use in other states. Plaintiffs allege that Defendants violated California Civil Code § 1936 and California Business and Professions Code § 17200 by quoting and charging airport concession recovery fees to California residents who, while in California, made advance reservations for car rentals at out-of-state airport locations.
Presently before the Court is Defendants’ motion to dismiss Plaintiffs’ First Amended Complaint (“FAC”). Defendants move to dismiss the FAC for improper venue pursuant to Federal Rule of Civil Procedure 12(b)(3). In the alternative, Defendants move to dismiss the FAC for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6). The Court heard oral argument…