GIFTCASH INC. v. The Gap, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 GIFTCASH INC., Case No. 3:23-cv-02146-WHO
Plaintiff,
ORDER GRANTING IN PART AND
v. DENYING IN PART MOTION TO
DISMISS
THE GAP, INC., et al., Re: Dkt. No. 50 Defendants.
12 Plaintiff GiftCash, Inc., filed an amended complaint concerning its allegations that defendants The Gap, Inc., Banana Republic, LLC, Old Navy, LLC, and Direct Consumer Services, LLC, (collectively, “the defendants”) acted unlawfully and unfairly when they devalued thousands of dollars in gift cards purchased by GiftCash on the secondary market. The defendants now move to dismiss all but the conversion claim, which I previously found was sufficiently pleaded. GiftCash sufficiently alleges standing for injunctive relief, though it should amend its request for equitable restitution to be pleaded in the alternative to money damages. It also sufficiently states a claim under the UCL but fails to state a claim under the FAL. For those and the following reasons, the…