Calcagno
Calcagno v. Kipling Apparel Corp.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 CHRISTINA CALCAGNO, Case No. 23-cv-2247-BAS-BLM
Plaintiff,
ORDER GRANTING IN PART AND
v. DENYING IN PART DEFENDANT’S
MOTION TO DISMISS
KIPLING APPAREL CORP., et al., (ECF No. 10) Defendants. 16
Pending before the Court is Defendant Kipling Apparel Corporation’s (“Kipling”) motion pursuant to Federal Rule of Civil Procedure (“Rule”) 12(b)(6) to dismiss Plaintiff Christina Calcagno’s Amended Complaint. (ECF No. 10.) The Court finds Defendant’s motion suitable for determination on the papers submitted, without oral argument. Civ. L.R. 7.1(d)(i). Having considered the parties’ submissions and for the reasons herein, the Court GRANTS IN PART AND DENIES IN PART Defendant’s motion. The Court further GRANTS Plaintiff leave to amend her Amended Complaint. 25 I. Background Defendant Kipling manufactures and sells handbags, backpacks, luggage, apparel, and other items. It sells its products…