Delarosa

Delarosa v. Boiron, Inc.

Good Law

818 F. Supp. 2d 1177·2011 WL 3102468·2011 U.S. Dist. LEXIS 80562

United States District Court, Central District of CaliforniaJuly 25, 20112:10-cv-01569California7,020 words

Opinion

Tucker, J.

ORDER DENYING DEFENDANT’S MOTION FOR JUDGMENT ON THE PLEADINGS

Plaintiff Gina Delarosa, individually and on behalf of all others similarly situated, filed this action in California state court, alleging that Defendant Boiron, Inc. defrauded Californians by claiming that a tablet called “Children’s Coldcalm” would provide relief from sneezing, runny nose, nasal congestion, sinus pain, headaches, and sore throat. (Doc. 1, Ex. 2.) Defendant removed the case pursuant to diversity as set forth under 28 U.S.C. § 1332 (a), and pursuant to the Class Action Fairness Act, 28 U.S.C. § 1332 (d)(2). (Doc. 1 at 3-4.) On January 21, 2011, Defendant filed this Motion for Judgment on the Pleadings, arguing that Plaintiffs claims are preempted by federal law and that Plaintiff fails to state a claim upon which relief can be granted. (Doc. 27-1.) For the reasons set forth below, the Court DENIES Defendant’s Motion.

I. Legal Standard

A motion for judgment on the pleadings under Federal Rule of Civil Procedure 12(c) is “functionally identical” to a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6); therefore, the same legal standard applies to both motions. Dworkin v. Hustler…

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