Sarkhan Nabiyev v. Closet World, Inc.

I. INTRODUCTION

17 Plaintiffs Sarkhan Nabiyev and Sevinj Mirzatagi bring this putative class action 18 against Defendants Closet World, Inc. and Home Organizers Inc. for allegedly 19 violating California false advertising laws by misleading consumers with deceptive 20 advertisements featuring falsely discounted home organization products. (First Am. 21 Compl. (“FAC”), ECF No. 19.) Defendants now move to dismiss Plaintiffs’ FAC for 22 failure to state a claim under Federal Rule of Civil Procedure (“Rule”) 12(b)(6). (Mot. 23 Dismiss FAC (“Motion” or “Mot.”), ECF No. 25.) For the following reasons, the 24 Court DENIES Defendants’ Motion in its entirety.1 25 26

28 1 Having carefully considered the papers filed in connection with the Motion, the Court deemed the matter appropriate for decision without oral argument. Fed. R. Civ. P. 78; C.D. Cal. L.R. 7-15. II. BACKGROUND The following facts are taken from Plaintiffs’ FAC. See Ashcroft v. Iqbal, 3 556 U.S. 662, 678 (2009) (holding that well-pleaded factual allegations are accepted 4 as true for purposes of a motion to dismiss). A. Defendants’ Business Model and…