Schmitt

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DESIREE SCHMITT, et al., Case No. 21-cv-03355-WHO

Plaintiffs,

ORDER DENYING IN PART AND

v. GRANTING IN PART MOTION TO

DISMISS WITH LEAVE TO AMEND

SN SERVICING CORPORATION, AN ALASKA CORPORATION, Re: Dkt. No. 14 11 Defendant.

12 Plaintiffs Desiree Schmitt and James Furth bring this lawsuit against defendant SN Servicing Corporation (“SNSC”) on behalf of a nationwide class of impacted borrowers for claims arising out of a data breach incident that occurred on SNSC’s system in late 2020. On SNSC’s motion to dismiss, I find that although plaintiffs can assert California law claims as Ohio residents given allegations that SNSC’s principal place of business is in California and that they were harmed by critical decisions SNSC made in California, they fail to plausibly plead the elements of those claims. The negligence claim fails because they do not allege that SNSC had a legal duty to protect the kind of information that was revealed in the…