Herrera
Herrera v. Cathay Pacific Airways Ltd.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 WINIFREDO HERRERA, et al., Case No. 20-cv-03019-JCS Plaintiffs, 8 v. ORDER DENYING MOTION TO DISMISS OR, IN THE ALTERNATIVE,
CATHAY PACIFIC AIRWAYS LTD., TO COMPEL ARBITRATION
10 Defendant. Re: Dkt. No. 58
12 I. INTRODUCTION In this putative class action, Plaintiffs Winifredo and Macaria Herrrera assert a claim for breach of contract against Defendant Cathay Pacific Airways Ltd. (“Cathay Pacific”) based on allegations that Cathay Pacific has failed to honor its contractual obligation to provide a cash refund for a flight for which they had purchased tickets that was cancelled as a result of the COVID-19 public health emergency. Instead, Plaintiffs allege, Cathay Pacific offered them only vouchers for flight credits that would expire in July 2020, which they were unable to use. Cathay Pacific brought a motion to dismiss, which the Court granted in part and denied in part, giving Plaintiffs leave…