Kennard
Kennard v. Lamb Weston Holdings, Inc.
Opinion
trial_court Opinion
1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 ANGELA KENNARD, CASE NO. 18-cv-04665-YGR
7 Plaintiff,
ORDER DENYING MOTION FOR JUDGMENT
8 vs. ON THE PLEADINGS
9 LAMB WESTON HOLDINGS, INC., Re: Dkt. No. 52 10 Defendant.
11 Now before the Court is defendant Lamb Weston Holdings, Inc.’s motion for judgment on 12 the pleadings. (Dkt. No. 52 (“Motion”).) Having considered the pleadings in this action and the 13 papers submitted, and for the reasons set forth below, the Court DENIES defendant’s motion.1 14 I. PROCEDURAL BACKGROUND2 15 Plaintiff Angela Kennard brings this putative class action alleging that defendant 16 “unlawfully and unfairly packag[ed] its ALEXIA brand SWEET POTATO fries WITH SEA 17 SALT product (the ‘Product’) in opaque containers that contain more than 50% empty 18 space.” (Dkt. No. 38 (“SAC”) ¶ 1.) On January 29, 2019, defendant moved to dismiss the SAC. 19 (Dkt. No. 39.) In its order granting in part and denying in part defendant’s motion to dismiss, the 20 Court noted that the…