Kirchenberg
Kirchenberg v. Ainsworth Pet Nutrition, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Erin Kirchenberg, on behalf of herself and all No. 2:20-cv-00690-KJM-DMC others similarly situated, ORDER B Plaintiff, 14 Ainsworth, Pet Nutrition, Inc., and J.M. Smucker Co., 16 Defendants. 17 Plaintiff Erin Kirchenberg brings this putative class action against defendants claiming defendants misrepresented the ingredients in pet food she purchased in violation of the Magnuson-Moss Warranty Act, 15 U.S.C. § 2301, breach of implied and express warranty, and violation of state consumer protection laws. See generally Compl., ECF No. 1. Defendants move 22 to dismiss. For the reasons below, the motion is granted in part with leave to amend. 23 I. BACKGROUND Plaintiff Erin Kirchenberg is a dog owner. /d. □□ 1-2. Defendant Ainsworth is the manufacturer and distributor of Just 6 dog food. Jd. 2,5. Defendant Smucker acquired Ainsworth in May 2018. Jd. § 6.