Vallejo
Vallejo v. The Neil Jones Food Company
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JOSEPH VALLEJO, et al., Case No. 24-cv-06835-NW
Plaintiffs,
ORDER DENYING DEFENDANT’S
v. MOTION TO DISMISS AND MOTION
TO STRIKE; ORDER TO SHOW
THE NEIL JONES FOOD COMPANY, et CAUSE al., Re: ECF No. 30 Defendants.
12 This is a putative class action filed by Joseph Vallejo, Victor Espericueta and Christopher Jones (collectively, “Plaintiffs”) and brought against Neil Jones Food Company, dba San Benito Foods’ (“NJFC” or “Defendant”) for releasing noxious odors onto Plaintiffs’ properties and the surrounding area. Before the Court is Defendant’s motion to dismiss Plaintiffs’ complaint and to strike class allegations. ECF No. 30. The Court DENIES the motion with prejudice and ORDERS DEFENDANT TO SHOW CAUSE why Defendant should not be sanctioned for plagiarism. I. MOTION TO DISMISS AND MOTION TO STRIKE A. Factual Background Defendant owns and operates a tomato cannery (“Facility”) located…