Vicente

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

LILY ANN VICENTE, Case No. 24-cv-02797-VC

Plaintiff,

ORDER GRANTING IN PART AND

v. DENYING IN PART MOTION TO

DISMISS AND/OR STRIKE

CAKES BODY, LLC,

Re: Dkt. No. 26 Defendant.

The motion is granted as to Vicente’s demand for punitive damages and denied in all other respects. This order assumes the reader’s familiarity with the facts, relevant legal standards, and arguments made by the parties. 1. Cakes Body’s request for judicial notice is granted as to the existence of the website pages and the video transcript. See Aubrey v. New School, 624 F. Supp. 3d 403, 408 (S.D.N.Y. 2022). But while judicial notice can properly be taken of these exhibits’ existence, it cannot be taken of their truth—including of the truth of the statement that Cakes Body tells customers to wear the covers with a tight-fitting top “everywhere” it talks about them—or to show what disclaimers Vicente might have seen. 2. Vicente has sufficiently alleged that the representations she saw—statements that Cakes Covers are “grippy, not sticky” and pictures of the covers adhering to users’ arms—are misleading,…