Daniel
Daniel v. Virgin Atlantic Airways Ltd.
Opinion
Opinion
Orrick, J.
OPINION AND ORDER
In this purported class action against defendant Virgin Atlantic Airways Limited (“Virgin”) for damages caused by delay in international air travel, Virgin now moves for judgment on the pleadings or, in the alternative, to dismiss the complaint for failure to state a claim. For the reasons set forth hereinafter, the Court grants Virgin’s motion in part and denies it in part.
I.
The following statement of facts is summarized from the complaint. No class has yet been certified.
Plaintiffs Ben Daniel, Rajesh K. Gupta, and Constance 0. Schmidt were economy class passengers on Virgin Flight No. 19, departing London, England on September 29, 1996 at 11:00 a.m. and scheduled to arrive the same day in San Francisco at 1:00 p.m. scheduled to arrive the same day in San Francisco at 1:00 p.m. Following an alleged mechanical failure and shortage of fuel, the flight was diverted to Vancouver, British Columbia, where Virgin held all passengers involuntarily on the tarmac for one hour and fifteen minutes. Thereafter, the passengers were held in involuntary confinement in a transit lounge for one hour and ten minutes without access to telephones.