{"id":478,"date":"2026-01-15T12:00:00","date_gmt":"2026-01-15T12:00:00","guid":{"rendered":"https:\/\/california.shuster.info\/?p=478"},"modified":"2026-01-15T12:00:00","modified_gmt":"2026-01-15T12:00:00","slug":"anofienem-wework-cd-cal-membership-dismiss-esign-unruh-no-private-action","status":"publish","type":"post","link":"https:\/\/california.shuster.info\/?p=478","title":{"rendered":"Anofienem v. WeWork \u2014 C.D. Cal. Tosses Most of Pro-Se Membership Suit and Permanently Strikes E-SIGN and Unruh Claims"},"content":{"rendered":"
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Case<\/dt>\n
Ndidi Anofienem v. WeWork Companies, LLC<\/dd>\n
Court<\/dt>\n
U.S. District Court \u2014 Central District of California<\/dd>\n
Date Decided<\/dt>\n
2026-01-15<\/dd>\n
Docket No.<\/dt>\n
2:25-cv-10981-AH<\/dd>\n
Status<\/dt>\n
Unreported \/ Non-Citable<\/dd>\n
Topics<\/dt>\n
Removal, diversity jurisdiction, breach of contract, conversion, IIED, NIED, E-SIGN Act, Unruh Civil Rights Act, motion to dismiss<\/dd>\n<\/dl>\n<\/div>\n

Background<\/h2>\n

Ndidi Anofienem, representing herself, sued WeWork Companies LLC and a related landlord entity in Los Angeles County Superior Court. She alleged she paid for a WeWork membership for her nonprofit, never received a signed member agreement despite repeated requests, had her membership canceled without notice, and lost more than $1,200 of personal property she said WeWork would not return. She also said she spent more than 300 hours searching for replacement office space.<\/p>\n

Her seven-count complaint alleged breach of contract, breach of the implied covenant of good faith and fair dealing, conversion, intentional and negligent infliction of emotional distress, violation of the federal Electronic Signatures in Global and National Commerce Act (the \u201cE-SIGN Act\u201d), and violation of California\u2019s Unruh Civil Rights Act. WeWork removed the case to federal court on diversity grounds and moved to dismiss every claim. Plaintiff sought remand and opposed dismissal.<\/p>\n

The Court’s Holding<\/h2>\n

The court denied remand and granted the motion to dismiss in significant part. On jurisdiction, the court found complete diversity using a sworn declaration from corporate counsel that walked through WeWork\u2019s LLC ownership chain \u2014 five entities ultimately owned by a Delaware corporation headquartered in New York \u2014 and noted the complaint itself sought general and special damages \u201cin an amount exceeding $100,000,\u201d comfortably above the $75,000 threshold.<\/p>\n

On the merits, the court dismissed five state-law claims with leave to amend. The contract claim failed because Plaintiff did not plead facts showing a meeting of the minds or specify which defendant agreed to what. The implied-covenant claim failed for the same reason and because she did not allege any benefit was withheld. The conversion claim failed because she described her property only as \u201cpersonal belongings\u201d without identifying what was taken. The IIED and NIED claims failed because her boilerplate distress allegations did not approach the \u201cextreme and outrageous\u201d conduct standard or plead a plausible duty of care.<\/p>\n

Two federal-flavored claims were dismissed permanently. The E-SIGN Act claim \u2014 that WeWork violated the federal e-signature statute by failing to provide an electronically signed agreement \u2014 was dismissed without leave to amend because the E-SIGN Act creates no private right of action; it merely prevents agreements from being denied legal effect because they are electronic. The Unruh Civil Rights Act claim was dismissed without leave to amend because Plaintiff alleged discrimination only conditionally \u2014 \u201c[i]f discrimination occurred based on race, gender, or other protected characteristics\u201d \u2014 which the court held cannot supply the factual context required to plead intentional discrimination, the \u201cmust\u201d element of an Unruh claim. The court noted she had already failed to cure the same defect in a prior related case (Anofienem I).<\/p>\n

Key Takeaways<\/h2>\n