Cimoli

Cimoli v. Alacer Corp.

Good Law
United States District Court, Northern District of CaliforniaJuly 1, 20215:20-cv-07838California5,710 words

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…

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