Puri

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 ANKUSH PURI, Case No. 5:21-cv-01202-EJD

Plaintiff, ORDER GRANTING MOTION TO

DISMISS AMENDED COMPLAINT

v.

COSTCO WHOLESALE CORPORATION, Re: Dkt. No. 23 Defendant.

13 Plaintiff Ankush Puri brings this putative false advertising class action against Defendant Costco Wholesale Corporation (“Costco”) related to Costco’s sale of ice cream bars. Before the Court is Costco’s motion to dismiss Puri’s amended complaint under Federal Rules of Civil Procedure 12(b)(6) and 9(b). Def. Costco Wholesale Corp.’s Notice of Mot. and Mem. in Supp. of Def.’s Mot. to Dismiss Pl.’s First Am. Compl. (“Mot.”), Dkt. No. 23. The Court finds the motion appropriate for decision without oral argument pursuant to Civil Local Rule 7-1(b). Having considered the parties’ written submissions, the Court GRANTS the motion with leave to amend. I. BACKGROUND Defendant Costco is a Washington corporation with its…