Youngsuk Kim v. Benihana, Inc.

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAY 26 2023

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

YOUNGSUK KIM, on behalf of himself and No. 22-55529 all others similarly situated, D.C. No. Plaintiff-Appellant, 5:19-cv-02196-JWH-KK

v.

MEMORANDUM*

BENIHANA, INC.,

Defendant-Appellee.

Appeal from the United States District Court for the Central District of California John W. Holcomb, District Judge, Presiding

Argued and Submitted May 11, 2023 Pasadena, California

Before: HURWITZ and R. NELSON, Circuit Judges, and KANE,** District Judge.

In this diversity action invoking California consumer protection statutes,

Youngsuk Kim appeals a district court order denying certification of a putative

master class of purchasers of “Food Products that Benihana’s menu labeled to

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Yvette Kane, United States District Judge for the Middle District of Pennsylvania, sitting by designation. contain ‘crab’” and subclasses for each of ten challenged products. We…