Key

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 GRETCHEN KEY, Case No. 19-cv-03366-MMC

Plaintiff, ORDER GRANTING DEFENDANT'S

MOTION TO DISMISS FIRST

v. AMENDED COMPLAINT; AFFORDING

PLAINTIFF LEAVE TO AMEND;

BMW OF NORTH AMERICA, LLC, CONTINUING CASE MANAGEMENT

CONFERENCE

Defendant.

12 Before the Court is defendant BMW of North America, LLC's ("BMW") "Motion to Dismiss Plaintiff Gretchen Key's First Amended Class Action Complaint Pursuant to Fed. R. Civ. P. 12(B)(6)," filed October 14, 2019. Plaintiff Gretchen Key ("Key") has filed opposition, to which BMW has replied. Having read and considered the papers filed in support of and in opposition to the motion, the Court rules as follows.1 BACKGROUND In the operative complaint, the First Amended Complaint ("FAC"), Key alleges the following, which, for purposes of the instant motion, the Court assumes true. BWM vehicles are "equipped with onboard…