Frenzel

ORDER GRANTING MOTION TO DISMISS

Re: Dkt. No.

INTRODUCTION

Plaintiff Robert Frenzel brings this putative class action against defendant Aliph-Com dba Jawbone (“Jawbone”), alleging that he was fraudulently induced to purchase a Jawbone UP fitness-tracker wristband by misrepresentations regarding the product’s battery life and general functionality. ' Jawbone moves to dismiss under Federal Rule of Civil Procedure 12(b)(6), arguing that Frenzel’s claims are precluded by California’s choice-of-law rules and, in addition, are not adequately alleged. I agree on both counts and will GRANT the motion.

BACKGROUND

I. FACTUAL BACKGROUND

The following facts are alleged in Fren-zel’s complaint and are presumed true for the purposes of this motion. Jawbone is a California corporation headquartered in San Francisco, California. Compl. ¶ 8 (Dkt. No. 1). It markets and sells Jawbone UP, a fitness-tracker wristband that contains an accelerometer designed to track the user’s daily movements and sleep patterns. Users can connect, or “sync,” their Jawbone UP device to a mobile application that helps them set personal exercise and diet goals, monitor their progress, and collaborate with other…