Fisher
Fisher v. Monster Beverage Corp.
Opinion
Lead Opinion
Phillips, J.
ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS
[Motion filed on August 30, 2013]
Defendants Monster Beverage Corporation and Monster Energy Company’s (collectively, “Monster” or “Defendants”) Motion to Dismiss or in the Alternative, Motion to Strike; came before the Court for hearing on October 21, 2013. The Court considered all papers filed in support of, and in opposition to, the Motion, and the arguments put forth at the hearing, and for the reasons set forth below, the Court GRANTS the Motion without prejudice. . .
I. BACKGROUND
A. Procedural Background
'Plaintiffs Alec Fisher, Matthew Townsend, and Connor Rucks 1 (collectively, “Plaintiffs”), on behalf of themselves, and putatively, others similarly situated, bring this action against Monster, seeking redress' for Monster’s allegedly “unfair and deceptive business and trade practices on behalf of anyone, who purchased for personal consumption any of the Monster-branded energy drinks sold under the Monster Rehab® brand name'and the original Monster Energy®.” (Second Amended Complaint (“SAC”) ¶ 1 (Doc. No. 51.))
Plaintiffs allege six claims: (1) violations of California’s Unfair Competition Law, Cal. Bus. & Prof.Code §…