Chad Brazil v. Dole Packaged Foods, LLC

MEMORANDUM

Plaintiff Chad Brazil, putatively representing a class of similarly situated eon- sumers, alleges that Defendants deceptively described their fruit products as “All Natural Fruit.” He appeals the district court’s orders on motions to dismiss, for summary judgment, and on class certification. We affirm in part and reverse in part.

The district court’s decision not to stay or dismiss this case under the doctrine of primary jurisdiction was not an abuse of discretion. Reiter v. Cooper, 507 U.S. 258, 268-69 , 113 S.Ct. 1213 , 122 L.Ed.2d 604 (1993) (explaining that the decision is one of discretion); Astiana v. Hain Celestial Grp., Inc., 783 F.3d 753, 760-61 (9th Cir. 2015) (“[Pjrimary jurisdiction is not required when a referral to the agency would significantly postpone a ruling that a court is otherwise competent to make.”).

But the district court incorrectly granted summary judgment to Dole on the merits of Brazil’s claims under the California Unfair Competition Law (UCL), Cal. Bus. & Prof. Code §§ 17200-17210 , the California False Advertising Law (FAL), id. §§ 17500-17509, and the California Consumer Legal Remedies Act (CLRA), Cal. Civ. Code §§ 1750-1784 . Brazil’s…