Saroya

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 VINEY SAROYA, Case No. 5:20-cv-03196-EJD

Plaintiff, ORDER GRANTING DEFENDANT’S

MOTION TO DISMISS

v.

UNIVERSITY OF THE PACIFIC, Re: Dkt. No. 50 Defendant.

Plaintiff Viney Saroya filed a Second Amended Complaint (“SAC”), Dkt. No. 49, regarding a putative class action against Defendant, University of the Pacific (“UOP”), alleging UOP breached a contract with its students (Claim I) or, alternatively, unjustly enriched itself at its students’ expense (Claim II) when it retained the full amount of tuition and fees it collected for the Spring 2020 semester despite ceasing in-person instruction and closing its campus facilities and resources with just six weeks left of the semester. See generally SAC. This Court previously dismissed with leave to amend Plaintiff’s prior unjust enrichment claim. See Dkt. No. 45 at 11– 12. Plaintiff amended, and now UOP moves to dismiss Plaintiff’s newly amended…