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 SECOND

v. AMENDED COMPLAINT; DISMISSING

SECOND AMENDED COMPLAINT

BMW OF NORTH AMERICA, LLC, WITHOUT FURTHER LEAVE TO

AMEND

Defendant.

12 Before the Court is defendant BMW of North America, LLC's ("BMW") Motion, filed March 13, 2020, "to Dismiss Plaintiff Gretchen Key's Second Amended Class Action Complaint." 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 In the Second Amended Complaint ("SAC"), Key alleges she owns a "2008 BMW 750LI" (see SAC ¶ 26) that has "Diagnostic Tools" used by "BMW dealerships to extract data from numerous data points" (see SAC ¶ 2), which data is "forwarded" by dealerships to BMW (see SAC ¶ 17). Key further alleges…