Zepeda

Zepeda v. PAYPAL, INC.

Good Law

777 F. Supp. 2d 1215·2011 WL 570231·2011 U.S. Dist. LEXIS 15288

United States District Court, Northern District of CaliforniaFebruary 15, 2011Case 5:10-CV-02500 JF (PSG)California3,300 words

Opinion

Fogel, J.

ORDER GRANTING MOTIONS TO DISMISS AND TO APPOINT INTERIM LEAD, LIAISON, AND CLASS COUNSEL

On June 7, 2010, Plaintiff Moisés Zepeda filed a putative class action against defendant PayPal, Inc. (“PayPal”) alleging breach of contract, breach of the implied covenant of good faith and fair dealing, breach of fiduciary duty, unjust enrichment, and violations of California’s Consumer Legal Remedies Act and Unfair Competition Law. Zepeda subsequently filed a first amended complaint, in which he joined additional named plaintiffs (collectively “Plaintiffs”). PayPal moves to dismiss that pleading for failure to state a claim upon which relief may be granted, and Plaintiffs move to appoint interim lead, liaison, and class counsel. For the reasons set forth below, both motions will be granted, and Plaintiffs will be given leave to amend their pleading.

I. BACKGROUND

PayPal is a Delaware corporation whose principal place of business is located in Santa Clara County, California. Am. Compl. ¶ 17. PayPal’s payment processing service allows users to accept payment for goods and services they sell online. Id. ¶ 1. After users complete their transactions, PayPal puts the money it collects from…

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