Ramirez
Ramirez v. United Airlines, Inc.
Opinion
Opinion
Alsup, J.
ORDER GRANTING DEFENDANT UNITED AIRLINES’ MOTION TO DISMISS WITH PREJUDICE AND VACATING HEARING
INTRODUCTION
Defendant United Airlines, Inc. moves to dismiss a passenger’s claim for damages suffered in an international flight. Maricela Ramirez seeks damages for injuries she allegedly suffered during a flight from Los Angeles to Mexico City on the basis of the Warsaw Convention, 49 Stat. 3000 , and common-law negligence. United seeks dismissal on grounds that plaintiff fails to state a claim under the Convention and that the Convention bars plaintiffs negligence claim. The Court hereby Grants United’s motion without leave to amend.
STATEMENT
Ramirez filed a complaint against United and Mexicana Airlines, seeking to recover damages for injuries she purportedly suffered during a turbulent flight from Los Angeles to Mexico City. Mexicana answered the complaint and is not a party to United’s current motion to dismiss. On a motion to dismiss under Rule 12(b)(6), all material allegations of the complaint are taken as true and construed in the light most favorable to the nonmoving party. Cahill v. Liberty Mut. Ins. Co., 80 F.3d 336, 339 (9th Cir.1996). The Court, therefore, relates…