Bugarin

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 8 ASHLEY BUGARIN, Case No. 20-cv-03341-BLF

Plaintiff,

ORDER GRANTING IN PART AND

v. DENYING IN PART MOTION TO

DISMISS, WITH LEAVE TO AMEND

ALL NIPPON AIRWAYS CO., LTD., IN PART AND WITHOUT LEAVE TO

AMEND IN PART

Defendant. [Re: ECF 18] 14

16 In this putative nationwide class action, Plaintiff Ashley Bugarin (“Bugarin”) claims that Defendant All Nippon Airways Co., Ltd. (“ANA”) breached its Conditions of Carriage by failing to issue refunds to thousands of passengers whose flights were cancelled as a result of the COVID-19 pandemic. Bugarin asserts two state law claims on behalf of herself and the putative class, one for breach of contract and the other for rescission. ANA moves to dismiss those claims under Federal Rule of Civil Procedure 12(b)(1) for lack of subject matter jurisdiction, under Rule 12(b)(2) for lack of personal jurisdiction, and under Rule 12(b)(6) for…