Phan

Phan v. Sargento Foods, Inc.

Good Law
United States District Court, Northern District of CaliforniaJune 2, 20213:20-cv-09251California9,644 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 QUYNH PHAN, Case No. 20-cv-09251-EMC

Plaintiff,

ORDER GRANTING IN PART AND

v.

DENYING IN PART DEFENDANT’S

MOTION TO DISMISS, AND

SARGENTO FOODS, INC., GRANTING IN PART AND DENYING

IN PART DEFENDANT’S MOTION TO

Defendant.

STRIKE

Docket Nos. 16,

13 Plaintiff Quynh Phan has filed a class action against Sargento Foods Inc., alleging that the company engaged in false advertising with respect to the sale of its dairy cheese products. Currently pending before the Court are two motions filed by Sargento: (1) a motion to dismiss and (2) a motion to strike class claims and allegations and to dismiss for lack of standing. Having considered the parties’ briefs, as well as the oral argument of counsel, the Court hereby GRANTS in part and DENIES in part the motion to dismiss and GRANTS in part and DENIES in part the motion to strike. I. FACTUAL & PROCEDURAL BACKGROUND In the…

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