Forrett

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 JOHN FORRETT, Case No. 22-cv-02045-BLF

Plaintiff, ORDER GRANTING DEFENDANT'S v. MOTION TO DISMISS WITH LEAVE

TO AMEND IN PART AND WITHOUT

GOURMET NUT, INC., LEAVE TO AMEND IN PART Defendant. [Re: ECF No. 23]

12 In this case, Plaintiff John Forrett challenges representations made on a product sold by Defendant Gourmet Nut, Inc. (“Gourmet Nut”). Forrett claims that Gourmet Nut has engaged in deceptive, misleading, and unlawful practices in marketing its Protein Packed Trail Mix. He brings two common law claims and three California consumer protection claims and seeks to represent both a California and a nationwide class of consumers who purchased the Product within the statute of limitations period. Now before the Court is Gourmet Nut’s motion to dismiss under Rules 12(b)(1) and 12(b)(6). ECF No. 23 (“MTD”); see also ECF No. 28 (“Reply”). …