Pino
Pino v. Birch Benders, LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 BRITTNEY PINO, et al., Case No. 22-cv-02194-TSH
Plaintiffs,
ORDER RE: DEFENDANT’S MOTION
v. TO DISMISS
BIRCH BENDERS, LLC, Re: Dkt. No. 14 Defendant.
11 I. INTRODUCTION Plaintiffs Brittney Pino and Terri Gamino bring this class action against Defendant Birch Benders, LLC, alleging it mislabels its pancake and waffle mixes. Pending before the Court is Defendant’s Motion to Dismiss. ECF No. 14. Plaintiffs filed an Opposition (ECF No. 19) and Defendant filed a Reply (ECF No. 23). The Court finds this matter suitable for disposition without oral argument and VACATES the October 6, 2022 hearing. See Civ. L.R. 7-1(b). Having considered the parties’ positions and relevant legal authority, the Court GRANTS IN PART and DENIES IN PART Defendant’s motion for the following reasons.1 II. BACKGROUND Defendant manufactures, distributes, markets, and sells pancake and…