Ortega

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Ronald Ortega, No. 2:21-cv-00845-KJM-CKD Plaintiff, ORDER v. Chick-fil-A, Inc., 1S Defendant. 16 Plaintiff Ronald Ortega alleges defendant Chick-fil-A breached its agreement to charge a 18 flat delivery fee for online orders. First Am. Compl. (FAC) Jf 1, 3. Chick-fil-A moves to 19 dismiss the claims for breach of contract and unjust enrichment, Mot. Dismiss, ECF No. 32, and moves to strike the allegations in support of a nationwide class, Mot. Strike, ECF No. 33. As explained below, the court grants the motion to dismiss with leave to amend and denies the 22 motion to strike as moot. 23 I. BACKGROUND On Chick-fil-A’s mobile app and website, customers can order food for delivery or pick- up. FAC 427. Mr. Ortega used the app, but before he was able to place his order, the checkout 26 screen broke down the cost of his order as follows: Subtotal: $20.39…