Bayol v. Zipcar, Inc.

ORDER DENYING DEFENDANT’S MOTION TO DISMISS

THELTON E. HENDERSON, District Judge

This matter came before the Court on January 26, 2015, on Zipcar’s motion to dismiss the complaint. The' Court has carefully considered the parties’ arguments, and now DENIES Zipcar’s motion, for the reasons set forth below.

BACKGROUND

Plaintiff Gabriela Bayol is a resident of Daly City, California and a member of Zipcar, a short-term car rental service. In order to use Zipcar, Bayol entered into a standardized Membership Agreement setting out the terms of her rentals. Under the Agreement, members must pay a fee of…