Herrera

I. INTRODUCTION

14 In this putative class action, Plaintiffs Winifredo Herrera (“Mrs. Herrera”) and Macaria 15 Herrrera (“Mr. Herrera”) assert a claim for breach of contract against Defendant Cathay Pacific 16 Airways Ltd. (“Cathay Pacific”) based on allegations that Cathay Pacific has failed to honor its 17 contractual obligation to provide a cash refund for a flight for which they had purchased tickets 18 that was cancelled as a result of the COVID-19 public health emergency. Instead, Plaintiffs allege, 19 Cathay Pacific offered them only vouchers for flight credits that would expire in July 2020. 20 Cathay Pacific answered the complaint on August 6, 2020. Cathay Pacific now brings a Motion to 21 Dismiss or in the Alternative, for Judgment on the Pleadings (“Motion”), in which it contends the 22 entire action should be dismissed under Rules 12(b)(1), 12(b)(2), 12(c) and 23(d)(1)(D) of the 23 Federal Rules of Civil Procedure. A hearing on the Motion was held on January 29, 2021. For the 24 reasons stated below, the Motion is GRANTED in part and DENIED in part.1 25 26 27 II. BACKGROUND A. The Complaint Cathay Pacific is a transcontinental airline…