Garcia

Garcia v. Enterprise Holdings, Inc.

Good Law
78 F. Supp. 3d 1125·2015 WL 351367·2015 U.S. Dist. LEXIS 8799
United States District Court, Northern District of CaliforniaJanuary 23, 2015Case No: C 14-00596 SBACalifornia4,455 words

Opinion

Lead Opinion

Armstrong, J.

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS

Dkt.

Plaintiff Miguel Garcia (“Plaintiff’) brings the instant putative class action against defendants Enterprise Holdings Inc. (“Enterprise”) and Lyft, Inc. (“Lyft”), which are the present and former owners, respectively, of an internet-based ride sharing application known as “Zimride.” Plaintiff alleges each time he used Zimride, it automatically disclosed his personal information to a third-party, Mixpanel, in violation of the California Invasion of Privacy Act (“CIPA”), Cal. Pen.Code § 637.6 (“Section 637.6”). The Court has subject matter jurisdiction under the Class Action Fairness Act. See 28 U.S.C. § 1332 (d).

The parties are currently before the Court on the Motion to Dismiss Class Action Complaint jointly filed by Defendants Enterprise and Lyft, pursuant to Federal Rule of Civil Procedure 12(b)(6). Having read and considered the papers filed in connection with this matter and being fully informed, the Court hereby GRANTS the motion, and dismisses the First Amended Complaint (“FAC”) with leave to amend. The Court, in its discretion, finds this matter suitable for resolution without oral argument. See Red. R. Civ. P. 78(b);…

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