Cimoli
Cimoli v. Alacer Corp.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
5 JEFFREY CIMOLI, on behalf of himself and Case No. 5:20-cv-07838-BLF 6 all others similarly situated, ORDER GRANTING IN PART AND Plaintiff, DENYING IN PART MOTION TO DISMISS v.
9 Re: ECF
ALACER CORP.,
10 Defendant.
12 Plaintiff Jeffrey Cimoli (“Plaintiff”) brings this putative consumer class action against Defendant Alacer Corp. (“Defendant”). Plaintiff asserts eight causes of action against Defendant for allegedly misleading labels on two of Defendant’s products. Before the Court is Defendant’s motion 16 to dismiss Plaintiff's complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). 17 See generally Mot., ECF 17. The Court heard oral argument on Defendant’s motion on June 3, 2021. 18 For the reasons stated on the record at the hearing and discussed below, Defendant’s motion is 19 GRANTED IN PART WITH LEAVE TO AMEND and DENIED IN PART. 20 I. BACKGROUND1 Plaintiff is an individual consumer and a citizen of California, currently…