Faison

Faison v. Walmart Inc.

Good Law
United States District Court, Eastern District of CaliforniaOctober 2, 20242:24-cv-01024California809 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 VERNITA FAISON, No. 2:24-cv-01024-DJC-CSK Plaintiff, v. ORDER WALMART INC., et al., Defendants. 15 Currently before the Court is Defendants’ Motion to Dismiss Plaintiff’s initial Complaint. (ECF No. 19.) At oral argument, the Court partially denied on the Motion, finding that Plaintiff had Article III standing, Plaintiff had standing under the UCL, FAL, and CLRA, the economic loss rule did not bar Plaintiff’s negligent misrepresentation claims, and Plaintiff could pursue both legal and equitable claims at this stage of the proceedings. The Court took the remainder of the Motion under submission. After further consideration, the Court denies the remainder of Defendants’ Motion to Dismiss for the reasons stated below. The Court denies Defendants’ Motion to Dismiss the Complaint for failure to comply with Federal Rule of Civil Procedure 9(b). Plaintiff has stated with particularity the circumstances…

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