Haydee Stuart v. Cadbury Adams Usa, LLC
Opinion
Opinion
MEMORANDUM
Haydee Stuart appeals the district court’s dismissal under Rule 12(b)(6) for failure to state a claim. Stuart also appeals the district court’s denial of leave to amend her complaint. We have jurisdiction under 28 U.S.C. § 1291 .
Stuart sued Cadbury Adams USA LLC (“Cadbury”), alleging that Cadbury’s Trident White chewing gum packaging constitutes false and misleading advertising under California Business and Professions Code sections 17200, et. seq. (Unfair Competition Law) and 17500, et. seq. (false advertising law). Stuart also sought relief under the Consumer Legal Remedies Act, Cal. Civ.Code section 1750, et seq., and for common law fraud.
The district court dismissed Stuart’s claims, finding that they “defy common sense.” We review dismissals for failure to state a claim under Rule 12(b)(6) de novo. Edwards v. Marin Park, Inc., 356 F.3d 1058, 1061 (9th Cir.2004). In evaluating a Rule 12(b)(6) motion, the complaint’s allegations are assumed to be true and construed in the light most favorable to the nonmoving party. Wyler Summit P’ship v. Turner Broad. Sys., Inc., 135 F.3d 658 , 661 (9th Cir.1998). Nevertheless, “only a complaint that states a plausible claim for…