Wallenstein

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

DAVID WALLENSTEIN, et al., Case No. 22-cv-06033-VC

Plaintiffs,

ORDER GRANTING MOTION FOR

v. CLASS CERTIFICATION

MONDELEZ INTERNATIONAL, INC., et Re: Dkt. No. 57 al., Defendants.

The plaintiff’s motion for class certification is granted. The proposed class of all California purchasers of Wheat Thins from October 13, 2018, to present is certified. Both claims—violation of California’s Consumers Legal Remedies Act and breach of express warranty—satisfy the requirements for a damages class. The defendants focus largely on the issues of typicality and adequacy in their opposition to class certification. They assert that they have unique defenses against Wallenstein because he knew that cornstarch was a refined grain. But while the defendants point to a deposition exchange in which Wallenstein stated that he has read the Wheat Thins ingredients label as evidence that Wallenstein’s experience is different from that of the putative class members, that colloquy does not establish that he read the label—and so knew that Wheat Thins contained cornstarch—prior to purchasing Wheat Thins. See…