Krommenhock
Krommenhock v. Post Foods, LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DEBBIE KROMMENHOCK, et al., Case No. 16-cv-04958-WHO
Plaintiffs,
ORDER ON MOTION FOR
v. JUDGMENT ON THE PLEADINGS
POST FOODS, LLC, Re: Dkt. No. 258 Defendant.
Defendant’s motion is GRANTED in part, but with leave to amend to allow plaintiffs to specifically allege that their remedies at law are inadequate. Considering the arguments raised regarding the Ninth Circuit’s recent decision in Sonner v. Premier Nutrition Corp., 971 F.3d 834 (9th Cir. 2020), there is good cause to allow plaintiffs leave to amend on this narrow ground. That good cause is created by the Sonner decision itself, depending on how broadly it is read and assuming that it is not amended or withdrawn as a result of the pending petition for en banc review. There is also no prejudice to defendant in allowing this amendment, seeing as the equitable restitution claims have been present since the inception of this case and their continued presence does not…