Kelley
Kelley v. AW Distributing, Inc.
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. …