Silvia Garcia v. TH Foods, Inc.

I. Introduction

Before the Court is a motion to remand brought by plaintiff Silvia Garcia. (“Plaintiff”). Plaintiffs Motion to Remand, ECF No. 12 (“Mot.”). For the following reasons, the motion is DENIED. The Court also sets the case for trial on April 22nd, with a pretrial conference on April 14th.

IL. Factual and Procedural Background Plaintiff, a consumer tester, purchased a package of crackers (the “Product”) manufactured and sold by Defendant TH Foods, Inc. (“Defendant”). Complaint, ECF No. 1-2 (“Compl.”) § 4, 17. The Product’s packaging is opaque and conveys no information about the quantity of its contents. □□□ § 14. When Plaintiff opened the package, she discovered that the Product’s packaging contained a substantial amount of “slack fill,” meaning empty space in food packaging that is filled to less than capacity without justification. Jd. § 1, 3. Aggrieved by the slack fill, Plaintiff sued Defendant in state court on August 27, 2024, for common law fraud and violation of a California consumer protection statute. Jd. Plaintiff sues for actual, statutory, and punitive damages, along with applicable fees and costs, as well as injunctive relief. Jd. at 10. In…