Penikila
Penikila v. Sergeant's Pet Care Products, LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
RAMONA PENIKILA, Case No. 19-cv-05508-VC
Plaintiff,
ORDER DENYING MOTION TO
v. DISMISS
SERGEANT'S PET CARE PRODUCTS, Re: Dkt. No.
LLC,
Defendant.
The defendant’s motion to dismiss is denied. If the defendant chooses to file a motion to strike the nationwide class allegations, the motion is due no later than 14 days from this ruling. A hearing on the motion will take place at 10:00 a.m. on Thursday, April 23, 2020, and discovery as to the out-of-state members of the proposed class is stayed until then. A. Standing Penikila has standing to bring her claims. She alleges that the defendant’s flea medicine irritated her dog’s skin and caused serious fur loss. See First Amended Complaint ¶ 16. That is plainly a redressable injury traceable to the defendant’s conduct. See Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61 (1992). Adjudication of the class claims may present complex choice-of-law questions, but those questions are beyond the scope of the standing inquiry. See B.K. by next friend Tinsley v. Snyder, 922 F.3d 957, 967 (9th Cir. 2019) (“[O]nce the named…