Rouze

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 RICHARD ROUZE, individually and on No. 2:19-cv-01291-TLN-DB behalf of all others situated, 12 Plaintiff, ORDER v.

ONE WORLD TECHNOLOGIES, INC.

d/b/a RYOBI OUTDOOR PRODUCTS, Defendant. 17 This matter is before the Court on Defendant One World Technologies d/b/a Ryobi Outdoor Product’s (“Defendant”) second Motion to Dismiss. (ECF No. 21.) Plaintiff Richard Rouze (“Plaintiff”) filed an opposition. (ECF No. 24.) Defendant filed a reply. (ECF No. 25.) For the reasons set forth below, the Court hereby GRANTS in part and DENIES in part Defendant’s motion with leave to amend. (ECF No. 21.) /// /// /// /// 27 28 I. FACTUAL BACKGROUND1 Defendant sells an 18-volt chemical backpack sprayer (the “Sprayer”) at Home Depot. (ECF No. 18 at 2–3.) It is designed to distribute chemicals such as herbicides, pesticides, and fertilizer. (Id. at 3.) Plaintiff purchased the Sprayer at a Home Depot store on February 3, 2018. (ECF No. 20 at…