Buckland

Buckland v. Threshold Enterprises, Ltd.

Caution
155 Cal. App. 4th 798·2007 Cal. App. LEXIS 1598·66 Cal. Rptr. 3d 543
Court of Appeal of CaliforniaSeptember 25, 2007B192832California7,947 words

Opinion

Opinion

Manella, J.

When appellant Katherine Lee Buckland sought a preliminary injunction to prevent respondent Threshold Enterprises, Ltd. (Threshold), from selling its skin cream, Threshold demurred to Buckland’s first amended complaint, which alleged that the skin cream constituted a misbranded or mislabeled drug. The trial court sustained the demurrer with leave to amend, and denied Buckland’s request for injunctive relief on the ground that there was no operative complaint. After Buckland elected to stand on her complaint, judgments of dismissal were entered in favor of Threshold and the other respondents. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Buckland and the California Women’s Law Center (Center) filed their first amended complaint in the underlying action on January 24, 2006. The complaint asserts 11 claims against Threshold and more than 30 other defendants that market skin lotions and creams, including nine claims by Buckland as an individual for fraudulent concealment, negligent misrepresentation and violations of the unfair competition law (UCL) (Bus. & Prof. Code, § 17200 et seq.), the false advertising law (FAL) (Bus. & Prof. Code, § 17500 et seq.), and the Consumers…

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