Ehret

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO DISMISS

(Docket No. 44)

I. INTRODUCTION

Plaintiff Caren Ehret seeks to represent a nationwide class of customers who have *1127 hired passenger car service drivers through Defendant Uber Technologies, Inc.’s (“Uber”) mobile phone application. She alleges that Uber charges a 20% fee above the metered fare for each ride that it misrepresents as a “gratuity” that is automatically added “for the driver.” In reality, Plaintiff alleges that a substantial portion of this “gratuity” is retained by Uber as an additional revenue source. Plaintiff asserts claims under the California Unfair Competition Law, Consumer Legal Remedies Act, and for breach of contract. Pending before the Court is Uber’s motion to dismiss all of Plaintiffs claims. For the following reasons, the Court GRANTS in part and DENIES in part Uber’s motion.

II. FACTUAL BACKGROUND

Uber provides a mobile phone application that permits consumers to “summon, arrange and pay for taxi cab rides and other transportation services electronically via their mobile phone.” First Amended Complaint (“FAC”) ¶ 10 (Docket No. 40). Consumers provide payment through the Uber…