Garcia
Garcia v. Build.com, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 Case No.: 22-cv-1985-DMS-KSC SILVIA GARCIA, individually and on
behalf of all others similarly situated,
ORDER GRANTING DEFENDANT’S
Plaintiff, MOTION TO DISMISS v. 14 BUILD.COM, INC., and DOES 1–10, 15 inclusive, 16 Defendants. 17 Pending before the Court is Defendant’s motion to dismiss. Based on her interactions with the chat feature on Build.com’s website, Plaintiff Silvia Garcia (“Plaintiff” or “Garcia”) alleges on behalf of herself and all others similarly situated that Defendant Build.com, Inc. (“Defendant”) violated Cal. Penal Code § 631(a), Clause Four. For the reasons explained below, the Court grants Defendant’s motion to dismiss. I. BACKGROUND A. Factual Allegations Defendant Build.com is “an online home improvement retailer” that operates an e- commerce website, www.build.com (“Website”). (Def.’s Mot. to Dismiss (“Def.’s Mem.”) at 7, ECF No. 26.) …