Brackett

I. BACKGROUND

23 The Court accepts the following facts as true for the purposes of deciding this motion. 24 Plaintiff Bivett Brackett is an African American woman. See FAC ¶ 22. On August 5, 2019, she 25 attempted to board a flight from Miami, Florida to San Francisco, California. Id. ¶ 19. Although 26 it is not entirely clear from the amended complaint, it appears that there was a disagreement 27 permitted to carry her luggage on board. Id. ¶¶ 21-24. The FAC alleges that American Airlines gate agents “yelled and screamed” at Brackett and “intimidated” her by blocking and preventing her from reaching the entry gate and boarding the flight. Id. ¶ 23. The FAC further alleges that she watched Caucasian and Hispanic passengers board the same flight with luggage the same size as hers. Id. ¶¶ 22, 33. Based on these facts, Brackett brings three causes of action: (1) breach of contract; (2) negligence under California Civil Code Section 1714; and (3) a federal claim for racial discrimination under 42 U.S.C. § 1981. II. LEGAL STANDARD Federal Rule of Civil Procedure 8(a) requires that a complaint contain “a short and plain 11 …