Phan
Phan v. Sargento Foods, Inc.
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…