Marilao
Marilao v. McDONALD'S CORP.
Opinion
Opinion
Huff, J.
ORDER GRANTING MOTION TO DISMISS THE COMPLAINT
On April 6, 2009, Plaintiff Rey Marilao filed a class action complaint in the Superi- or Court of California, in and for the County of San Diego, against Defendant McDonald’s Corporation (“McDonald’s”). (Doc. No. 1, Ex. A., Compl.) On May 11, 2009, Defendant McDonald’s removed the case to this Court based on the Class Action Fairness Act of 2005 (“CAFA”). (Doc. No. 1.) On May 18, 2009, McDonald’s filed a motion to dismiss Plaintiffs complaint. (Doc. Nos. 3 & 4.) On May 28, 2009, Plaintiff filed a response in opposition. (Doc. No. 6.) McDonald’s filed a reply on June 8, 2009. (Doc. Nos. 9 & 10.)
The Court, pursuant to its discretion under Local Rule 7.1(d)(1), determined this matter was appropriate for resolution without oral argument and submitted it on the parties’ papers on June 5, 2009. For the reasons set forth below, the Court grants Defendant McDonald’s motion to dismiss the complaint.
Background
Plaintiff brings this class action against McDonald’s on behalf of himself and a class of all other customers who received McDonald’s gift cards not redeemable for cash. (Compl. ¶ 7.) Plaintiff asserts that he desired to redeem a…