Kennard

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 ANGELA KENNARD, CASE NO. 18-cv-04665-YGR

Plaintiff,

ORDER DENYING MOTION FOR JUDGMENT

vs. ON THE PLEADINGS

LAMB WESTON HOLDINGS, INC., Re: Dkt. No. 52 Defendant.

Now before the Court is defendant Lamb Weston Holdings, Inc.’s motion for judgment on the pleadings. (Dkt. No. 52 (“Motion”).) Having considered the pleadings in this action and the papers submitted, and for the reasons set forth below, the Court DENIES defendant’s motion.1 I. PROCEDURAL BACKGROUND2 Plaintiff Angela Kennard brings this putative class action alleging that defendant “unlawfully and unfairly packag[ed] its ALEXIA brand SWEET POTATO fries WITH SEA SALT product (the ‘Product’) in opaque containers that contain more than 50% empty space.” (Dkt. No. 38 (“SAC”) ¶ 1.) On January 29, 2019, defendant moved to dismiss the SAC. (Dkt. No. 39.) In its order granting in part and denying in part defendant’s motion to dismiss, the Court noted that the…