Hernandez
Hernandez v. Mimi's Rock Corp.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ALFREDO HERNANDEZ, Case No. 21-cv-04065-JST
Plaintiff,
ORDER DENYING IN PART,
v. GRANTING IN PART MOTION TO
DISMISS
DTI GMBH, Re: ECF No. 53 Defendant.
12 Before the Court is Defendant DTI GmbH’s (“DTI”) motion to dismiss. The Court will deny the motion in part and grant the motion in part. I. BACKGROUND A. Parties On June 9, 2023, Plaintiff Alfredo Hernandez filed his second amended complaint (“SAC”) in this action against DTI, whom he claims fails to identify its product, Dr. Tobias Omega 3 Fish Oil Triple Strength dietary supplement, by its common and usual name. Rather than fish oi, Hernandez claims the product contains “a lab-synthesized solution resulting from a chemical process in which an industrial solvent and ethanol are used to alter and substantially transform otherwise unmarketable fish waste into a consumable product known as a fatty acid ethyl ester, which Defendant deceptively pawns off on the…