Bugarin

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

Plaintiff,

ORDER DENYING MOTION TO

v. COMPEL ARBITRATION; AND

GRANTING MOTION TO DISMISS

ALL NIPPON AIRWAYS CO., LTD., SECOND AMENDED COMPLAINT

WITH LEAVE TO AMEND

Defendant. [Re: ECF 35]

15 In this putative class action, Plaintiff Ashley Bugarin (“Bugarin”) seeks to represent a nationwide class of persons who did not receive refunds when their flights on Defendant All Nippon Airways Co., Ltd. (“ANA”) were cancelled or rescheduled as a result of the COVID-19 pandemic. The operative second amended complaint (“SAC”) asserts a single claim for breach contract, alleging that ANA’s Conditions of Carriage (“COC”)1 obligate ANA to refund the ticket price for a cancelled or rescheduled flight. ANA moves to compel arbitration or, in the alternative, to dismiss the SAC for failure to state a claim under Federal Rule of Civil Procedure …