Augustine

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 8 OPHELIA AUGUSTINE, Case No.: 22-cv-2027-L-AHG

Plaintiff,

ORDER GRANTING IN PART AND

v. DENYING IN PART DEFENDANT’S

MOTION TO DISMISS

LENOVO (UNITED STATES), INC.,

PLAINTIFF’S FIRST AMENDED

Defendant. COMPLAINT

14 [ECF No. 12] 15 Pending before the Court in this putative class action is Defendant Lenovo (United States), Inc.’s (“Defendant”) motion to dismiss Plaintiff Ophelia Augustine’s (“Plaintiff”) first amended complaint. (ECF No. 12.) Plaintiff opposed, (ECF No. 15), and Defendant replied, (ECF No. 18). For the reasons stated below, Defendant’s motion is denied as to the first cause of action and granted without leave to amend as to the second cause of action. I. INTRODUCTION According to the allegations in the amended complaint, Defendant owns and operates the website www.lenovo.com. (ECF No. 9, Am. Compl., at 9.) Defendant embedded code provided by a third party,…