Bodie

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JASON DAVID BODIE Case No.: 3:16-cv-02558-L-NLS

Plaintiff,

ORDER DENYING MOTION TO

v. DISMISS [ECF No. 41] LYFT Defendant. 16 Pending before this Court is Defendant Lyft, Inc.’s (“Lyft”) motion to dismiss Plaintiff Jason David Bodie’s (“Bodie”) Second Amended Complaint (“SAC”) pursuant to Federal Rule of Civil Procedure Rule 12(b)(6). Pursuant to Civil Local Rule 7.1(d)(1), the Court decides the matter on the papers submitted and without oral argument. For the following reasons, the Court DENIES Lyft’s motion to dismiss. Factual Background The SAC alleges that Bodie received two unsolicited text messages back-to-back from a telephone number that belongs to or was used by Lyft on or about October 10, 2016 at approximately 2:25 p.m. Pacific Standard Time. ECF No. 34 at ¶ 9. The SAC goes on alleging that the first message instructed him to download the Lyft…