Fust

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ----oo0oo---- 11 DEBORAH FUST, INDIVIDUALLY AND No. 2:23-cv-2853 WBS DB

ON BEHALF OF ALL OTHERS

SIMILARLY SITUATED; AND EDWARD

PIMENTEL, INDIVIDUALLY AND ON

BEHALF OF ALL OTHERS SIMILARLY MEMORANDUM AND ORDER

SITUATED,

15 Plaintiffs, 16 v.

GILEAD SCIENCES, INC., A

DELAWARE CORPORATION REGISTERED

TO DO BUSINESS AND HEADQUARTERED

IN CALIFORNIA, Defendant. 21 ----oo0oo---- Plaintiffs Deborah Fust and Edward Pimentel originally filed this putative class action against defendant Gilead Sciences, Inc. (“Gilead”) in Shasta County Superior Court, seeking monetary and equitable relief pursuant to California’s Consumers Legal Remedies Act (Claim 1); False Advertising Law (Claim 2); Unfair Competition Law (Claim 3); money had and received (Claim 4); negligent misrepresentation (Claim 5); and unjust enrichment (Claim 6). Plaintiffs allege that defendant exaggerated the benefits and downplayed the dangers of its drug 4 …