Mezzadri
Mezzadri v. Medical Depot, Inc.
Opinion
Lead Opinion
Battaglia, J.
ORDER DENYING MOTION FOR PARTIAL REMAND AND GRANTING MOTION TO STRIKE
Presently before the Court is Plaintiffs Motion for Partial Remand, (Doc. No. 16), and Defendant’s Motion to Strike, (Doc. No. 19). The Court found the motions suitable for determination on the papers without oral argument in accordance with Civil Local Rule 7.1.d.l.
I. Factual Allegations
This case, styled as a class action, was originally filed in San Diego County Superior Court and Defendant subsequently removed the action to this Court. Defendant sells and distributes durable medical equipment, including full-body patient slings, to persons with physical disabilities. (SAC ¶ 11, Doc. No. 15.) Since at least 2006, the profile for each of Defendant’s slings includes a hyperlink to an imaged “hangtag” with information about the product. (Id. ¶¶ 14-15.) Plaintiff observed the representations on the hangtag and other information on Defendant’s website. (Id. ¶ 16.) On January 4, 2013, he used the information when deciding to purchase a sling from Defendant. (Id.) Plaintiff alleges he would not have purchased the sling but-for Defendant’s representations. (Id: ¶ 25.) Plaintiff further alleges that the hangtags…