Velasco

I. FACTUAL BACKGROUND

Trimaco, LLC (Trimaco) manufactures and sells rolls of paper for both commercial and household use in construction and painting. Since 2008, it has been selling its paper rolls in California primarily through Home Depot and Lowe’s. The rolls are labeled with their measurements, stating their total width and length. Velasco alleges that on November 27, 2010, he purchased a roll of Trimaco’s Builder’s Paper (Builder’s Paper), labeled with the measurements of 35 inches by 140 feet, from a Home Depot store in Newark. Upon measuring the roll, Velasco determined that the actual length of the roll was only 132 feet and nine inches. He alleges that other consumers have also purchased rolls of Builder’s Paper that are similarly short in length as compared to the length represented on the labels.

1 On September 27, 2012, Velasco filed a first amended complaint on behalf of himself and others similarly situated seeking damages caused by Trimaco’s alleged practice of selling paper rolls that are shorter in length than represented on their labels. He alleged that Trimaco violated the Consumer Legal Remedies Act (Civ. Code, § 1750 et seq.) and the Unfair Competition Law…