Ha
Ha v. New Cingular Wireless PCS, LLC
Opinion
trial_court Opinion
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 SALLY HA, Case No. 24-cv-00135-VKD
9 Plaintiff,
ORDER GRANTING DEFENDANT’S
10 v. MOTION TO DISMISS
11 NEW CINGULAR WIRELESS PCS, LLC, Re: Dkt. No. 8 Defendant. 12
13 14 Plaintiff Sally Ha, who is representing herself, sues her cell phone service provider, 15 defendant New Cingular Wireless PCS, LLC. dba AT&T Mobility (“AT&T”), for breach of 16 contract.1 Dkt. No. 1. AT&T has filed a motion to dismiss Ms. Ha’s complaint for failure to state 17 a claim. Dkt. No. 8. Ms. Ha opposes the motion. Dkt. No. 12. 18 The Court finds the motion to dismiss suitable for decision without oral argument. See 19 Civil L.R. 7-1(b). Upon consideration of the moving papers and the applicable law, the Court 20 grants AT&T’s motion and dismisses Ms. Ha’s complaint, with leave to amend.2 21 I. BACKGROUND 22 The following facts are based on the allegations in Ms. Ha’s complaint. 23 On December 6, 2017, Ms. Ha opened…