Kelley

Kelley v. AW Distributing, Inc.

Good Law
United States District Court, Northern District of CaliforniaJuly 12, 20224:20-cv-06942California641 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BRIAN KELLEY, et al., Case No. 20-cv-06942-JSW

Plaintiffs,

ORDER DISCHARGING, IN PART,

v. ORDER TO PLAINTIFFS TO SHOW

CAUSE

AW DISTRIBUTING, INC., et al.,

Defendants.

12 Plaintiffs asserted claims under California’s Unfair Competition Law (“UCL”) and its False Advertising Law (“FAL”), which provide for restitution and injunctive relief but not damages. Article III standing is jurisdictional. In addition, “a plaintiff must demonstrate standing for each claim he seeks to press and for each form of relief that is sought.” Town of Chester, N.Y v. Laroe Estates, Inc., 137 S. Ct 1645, 1650 (2017) (quoting Davis v. Fed. Election Comm’n, 554 U.S. 724, 734 (2008)). On June 8, 2022, the Court issued an Order to Plaintiffs to show cause why these claims should not be dismissed for lack of Article III standing. The Court has received and considered Plaintiffs’ response, in which they state they intend to dismiss the FAL claim. …

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.