Krinsk

I.

FACTUAL AND PROCEDURAL BACKGROUND

Our recitation of the facts assumes the truth of the properly pleaded or implied

factual allegations, as well as matters which may be judicially noticed. (Schifando v. City

of Los Angeles (2003) 31 Cal.4th 1074, 1081 (Schifando).)

On its Web site, Luxury Link describes its business as offering " 'luxury vacation

deals . . . at a substantial savings — up to 65% off ' " by " 'partnering with the world's

most extraordinary hotels, resorts, villas and cruise lines.' " At issue in plaintiff's claim is

a Luxury Link vacation package for three nights at the Inn and Spa at Loretto (Loretto) in

Santa Fe, New Mexico (Loretto package). Plaintiff paid Luxury Link "$1,042.00 plus a

2 $40.00 'handling fee' " for the Loretto package, based on Luxury Link's initial "base

price" and a bidding process on Luxury Link's Web site that plaintiff compares to an

auction.1 More specifically at issue is the allegation that "[p]laintiff's [Loretto] package

purportedly expired on May 12, 2011."

Plaintiff does not allege either that he did not know the date of expiration prior to

bidding on the Loretto…